Labour Law
Written Warning
A written warning is a formal disciplinary sanction short of dismissal. The employer records the misconduct and warns the employee that repetition may result in dismissal.
Legal Definition
A disciplinary sanction under the Code of Good Practice: Dismissal (Schedule 8 to the LRA). Warnings must be: issued for a specific incident, signed by the employee (or refusal noted), kept on file, and valid for an agreed period (typically six or twelve months).
📖 Constitutional / Statutory Basis: Section 23, Constitution of the Republic of South Africa, 1996; Code of Good Practice: Dismissal, Labour Relations Act 66 of 1995
Practical Example
An employee is late three times in a month. The employer issues a final written warning after a hearing. The employee acknowledges receipt. If they are late again within 12 months, dismissal is justifiable.
Frequently Asked Questions
Can I refuse to sign a written warning?
You can refuse, but the employer should note the refusal on the document. Refusing to sign does not invalidate the warning.
How long does a written warning stay on my record?
Typically six to 12 months as agreed in the disciplinary code. After expiry, it cannot be used as a prior record in future proceedings.
Can a written warning be appealed?
Yes. You can use the internal grievance procedure or appeal process. You can also refer an unfair labour practice dispute to the CCMA within 90 days.
Related Terms
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