Employee Final Warning Letter - Template, Sample Form Pro · AU-law

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ACN: ________
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PRIVATE AND CONFIDENTIAL

________ ________
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Dear ________,

RE: FINAL WRITTEN WARNING – UNSATISFACTORY WORK PERFORMANCE

1. Purpose of this letter

1.1 This letter constitutes a final written warning concerning your work performance in your role as ________ with ________ (the Company).

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2. Background and previous warnings

2.1 You have previously been advised that your work performance has not met the standard reasonably required of you in your role.

2.2 In particular, these concerns were raised with you and discussed at a meeting held on ________. The nature and effect of any earlier verbal or written warning(s) issued to you are as follows: ________.

2.3 Notwithstanding the warnings, support and guidance previously provided, and the opportunity afforded to you to respond and to improve, your performance has not improved to the required standard.

3. Specific performance concerns

3.1 The specific aspects of your performance that the Company considers to be unsatisfactory are as follows:

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3.2 You have been given the opportunity to explain your conduct and the matters set out above, and your response has been taken into account in the Company’s decision to issue this final warning.

4. Required improvements

4.1 This letter serves as a final written warning. In order to continue your employment with the Company, you must achieve and maintain the following improvements and standards:

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4.2 The improvements set out above must be achieved by ________ and must be sustained thereafter.

5. Support and review

5.1 The Company will continue to provide you with reasonable support and assistance to help you meet the required standard, including: ________.

5.2 Your performance will be formally reviewed again on ________ to assess whether the necessary improvements have been made and sustained.

6. Consequences of failure to improve

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6.2 Any decision in relation to the termination of your employment will be made having regard to the circumstances at the relevant time and in accordance with the Company’s obligations under the Fair Work Act 2009 (Cth) and any applicable modern award, enterprise agreement or contract of employment.

7. Your rights

7.1 You are entitled, and are encouraged, to have a support person of your choice present at any meeting held in relation to this matter.

7.2 You are entitled to provide a written response to this final warning. Any response you wish to make should be provided to ________ by ________ and will be placed on your personnel file together with this letter.

8. Confidentiality and record

8.1 This letter is private and confidential and a copy will be retained on your personnel file in accordance with the Company’s obligations under the Privacy Act 1988 (Cth) and the Company’s privacy policy.

9. Acknowledgement

9.1 We trust that you will take this final warning seriously and make the improvements necessary to remain a valued member of our team.

9.2 If you wish to discuss this matter, or to clarify any of the matters raised in this letter, please contact ________ on ________.

Yours sincerely,

_____________________________
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For and on behalf of ________

Employee acknowledgement of receipt

I, ________ ________, acknowledge that I have received and read a copy of this final written warning. I understand that my signature acknowledges receipt only and does not necessarily indicate my agreement with its contents.

Employee signature: _____________________________

Date: ________