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How many warnings does an employer have to give before the…

How many warnings does an...
How many warnings does an employer have to give before the final warning, and what does it mean when they say first and final warning
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10/16/2017
socrateaser
socrateaser, Lawyer
Category: Australia Law
Satisfied Customers: 39,597
Experience: Retired
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Hello,

Your quest is posted in the wrong category. I'll contact customer service and ask them to move it appropriately.

Thanks for using Justanswer!

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John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 1,764
Experience: Principal Lawyer at Legal AU Pty Ltd
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Dear customer, my name is***** solicitor, thank you for using Just Answer, I will assist with your question today. Please allow me a few moments to review your post and I will respond accordingly. Kind regards ***** *****

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Dear customer, in relation to your important matter, the employer is required to provide 3 warnings and two of these need to be in writing. The employer can also dismiss an employee immediately subject to the facts of the situation as well.

There are procedures the employer needs to follow for the termination of an employee. Then where the employer has not followed those procedures, the employee may raise a claim for unfair dismissal at the Fair Word Commission.

If you would like to discuss this matter further by telephone, I welcome you to request those services.

If you have any further questions, I would be pleased to answer those for you.

Please don’t forget to leave positive feed back by supporting Just Answer for 5 stars.

Kind regards
John Melis

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Customer reply replied 4 months ago
I have removed real names and numbers for security purposes, can you tell me please, what might be wrong with this letter from the employer. The accused denies a fair and thorough investigation took place, thinks he was set up but accepted the disciplinary action because it was his word against those that made the allegation as a result, the him and his fellow worker were both suspended and warned. The only difference now is the other co worker has returned back to her normal shift and he is stuck, this letter doesn't say when the 4 weeks end. This guy has 5 young kids and it is important that he returns back to his original shift so the kids are not left unsupervised at home. What do you suggest is the best course of action please?Outcome: First and final warningI write to confirm the outcomes of the disciplinary meeting that took place in September 2017. In attendance was PB, Executive Director and MI, Registered Nurse. You declined representation at the meeting.The purpose of the meeting was to discuss the following allegations.Allegation 1 - Removing a residents call bell, closing their bedroom door and not providing care to them for the rest of the shift.During the meeting the evidence gathered from the investigation process was considered, together with the further information you have provided and the following conclusion was reached in relation to the allegation:Allegation 1- Based on the information provided during the course of investigation as well as the information you provided at the meeting this allegation has been upheld.After considering the situation it is expected that your conduct/performance improves and specifically that you have no further issues raised from residents or staff in relation to your manner and attitude towards them.Based on the above conclusions, the decision was made to issue you with a written warning which will remain on your personal file for 12 months. You have also been moved to an afternoon shift pattern for the next 4 weeks at the end of this time I will review your performance.Any further breach of the employer’s policies will result in further disciplinary action, up to and including termination of the employee’s employment.If you have any questions in relation to this please feel free to give me a call on (03) 000000Yours sincerely

Dear customer, in relation to your post, there is seems to be some controversy in relation to the allegations raised. Would you like to discuss this by telephone to enable a more detailed review?

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Customer reply replied 4 months ago
Because of the extra cost, I prefer we try communicate this way for now, even if you can answer some questions, it will help greatly, I don't feel I'm getting too far here. I understand though there maybe questions you may want to ask to get a better understanding of where to go, because I am the same, the problem with this friend of mine is language barrier, so any help John you can give even in terms of how should he approach the boss to put him back on his old shift and when does the 4 weeks of the punishment is over, since the dates on the letter are very vague, he has complied with company rules and policies etc...and is performing. Where does exactly the 4 weeks, since its not clear on the letter when that period starts and end.

Dear customer because your matter is important, I have extended a special offer to talk with you on the telephone if that makes it easier?

John Melis
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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