Employee Warning Letters for South African Businesses

Issue a warning letter when an employee's performance or conduct falls below acceptable standards after informal discussions. Warning letters are essential for progressive discipline and should be issued before contemplating termination. They document issues, set clear expectations, and provide evidence of fair procedure.

South African labour law follows progressive discipline: start with verbal counseling, followed by written warnings (first written, then final written), before termination. Written warnings provide documented evidence of fair procedure. Always keep records of verbal warnings too, noting date, issue discussed, and expected improvements.

Typically, progressive discipline includes: verbal warning, first written warning, final written warning, then termination. However, this depends on the severity of the misconduct. Serious offenses may require fewer warnings. The key is demonstrating fair procedure and giving reasonable opportunity for improvement.

While employees don't have to sign, their signature acknowledges receipt (not necessarily agreement). If an employee refuses to sign, note "Employee refused to sign" with the date and a witness signature. You can also email the letter to create a delivery record. The important thing is proving the employee received it.

Yes, warning letters are critical evidence at the CCMA. They demonstrate that you followed fair procedure, gave the employee opportunity to improve, and documented performance issues. Properly structured warning letters significantly strengthen your position if an employee claims unfair dismissal.

Keep warning letters in the employee's personnel file for the duration of their employment and at least 3-5 years after termination. Warnings typically "expire" after 6-12 months if performance improves, but should remain on file as historical record. This protects you in case of future CCMA disputes or legal claims.