QLD Employment Law - Warning Letter Unfairly Issued by Employer

[charlie_]

I received what I interpret as a second warning letter today, neither the first or this one specifically states that it is a warning and I am not sure if that is relevant or required. The first one a number of months back, I was happy to accept as fair criticism and I followed the requirements of that letter perfectly.

(Background info; the issue at hand is keeping adequate "stock" of a heavily used item through weekly checks). A few weeks ago this item ran out just after the weekly check and order and it was then decided that checks should be twice weekly which I complied with, and then received a warning letter stating that because I didn't order said item after the first of 2 checks (because what should have been sufficient stock based on recent and historical usage was on hand) and the item then ran out the morning after the 2nd check before the order placed the day before had arrived. When something can have 5 used in 4 days and then 15 in 2 days when the normal weekly usage is 5 or less I don't see how I can be at fault.

I am feeling very frustrated and concerned that I am potentially being forced out or my employer is finding a reason to terminate me.

I hope all this makes sense and appreciate any help or tips under Employment Law.

 

[Therese]

Hi Charlie,

I would suggest starting by locating the relevant workplace policy or industry award where the procedure and requirements will be laid out for providing warnings. Hopefully, you can determine what they are thinking from looking over the policy or regulations they have to follow.

If you are still hesitant as to whether or not it is a warning I would recommend getting legal advice. It's better to be in front of the game and know what you will need to do if they do terminate your employment.

You will then be able to provide documented communication or lack of communication as required to commence an unfair dismissal claim if you get advice now and know what to expect in the worse case scenario.

 

[JS79]

I definitely agree with Therese. You could be looking at a constructive dismissal claim - where you haven't been dismissed yet but by an employer's actions, you feel that you're about to be dismissed.

Contact your local employment lawyer in regards to starting a claim as once you are dismissed you have 21 days to file an action against your employer.

 

[Serge Gorval]

Hi Charlie

I am an employment lawyer and it may very well be that employer is trying to concoct a process if they are moving toward termination. You most certainly should object the warning and request a "show cause" to discuss the warning and put the employer on notice that you do not agree with the warning issued.