NSW the law regarding giving an employee a written warning

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rich pianoo

29 August 2018
Hi All

Hoping someone could assist. So I was given a first written warning for not supporting a user when they were in a conference meeting. The week when this happened I was very sick but showed up to work. I setup the room and left then 10 minutes had gone by and the user was in the room with the door closed unsure of what to do as the conference phone had died.

I went on to help someone else and when I came back no one mentioned anything to me. The next day my manager and the HR person contacted me to have a chat regarding performance. There was no communication in the email other than the meeting invite with the words performance conversation. I went there and the room I was having my meeting with them at was next to another room which had 7 people doing another meeting as I walked past they all saw me and said hello.

So now for the next 45 minutes my manager and this HR person are sitting there ripping me a new one on how what I did was not right and he brought up two other things that I missed earlier in the week and the room next to me could hear everything. Part of what they bought up was that due to having a verbal warning for drinking to much at a work event ( which I admitted was wrong and that I admitted I have an alcohol problem) I have been 7 months sober they brought that up and said due to this that they are giving me this written warning and putting me on a PIP.

As an employee do I have any rights in this matter as in am I not meant to have someone there with me or are they not meant to give me an agenda so I can know what the meeting will be about to defend my self etc. Hope someone could find the time to reply back with any advice.



LawTap Verified
27 May 2014
At this point because they have not taken formal action against you there is nothing to do, and not worth making an issue of the mtg and warning.

What you should do at home is document the event leading to the meeting with your manager, and document the meeting itself. Date/time/who was present/ which room it was in/what was said by who/how much notice you received/lack of privacy etc. And do it now while you remember the detail.

Then file it away in case it is needed later.

Also read this on warnings: Welcome to the Fair Work Ombudsman website