You’ve been warned! The ins and outs of verbal and written warnings at work.

Workplace discipline is a tricky area, and employers must follow fair process when issuing warnings to employees. Whether it’s a verbal or written warning, the key legal requirement is that it must be justified and procedurally fair under New Zealand employment law.  Failing to follow the correct process can lead to personal grievances, reinstatement claims, or financial penalties.  

New Zealand employment law does not prescribe strict rules about verbal or written warnings, but it does require that all disciplinary actions, including warnings, follow fair and justified processes. The key legal principles come from the Employment Relations Act 2000 and case law from the Employment Relations Authority (ERA) and Employment Court.

Warnings are typically used for performance or conduct issues that don’t justify immediate dismissal. Before issuing a warning, the employer must identify the problem (e.g., lateness, misconduct, or poor performance), have a valid reason for considering disciplinary action, and follow a fair process when investigating and issuing the warning.  If an employer jumps straight to a warning without proper investigation or discussion, it could be deemed unfair and unlawful.

Warnings generally fall into two categories - verbal and written.  

Verbal Warnings

A verbal warning is informal but should still be recorded. It serves as an early indication that an issue needs to be corrected.  The employer should explain the issue clearly to the employee.The employee must be given an opportunity to respond before a decision is made. A note of the conversation should be kept on file (including the date, issue discussed, and expected improvements). A common misconception is that verbal warnings don’t count. If properly documented, they can form part of a disciplinary record.

Written Warnings

A written warning is more formal and typically follows if an issue persists after a verbal warning or if the matter is more serious.  It should be in writing and clearly outline:

• The specific issue

• The expected improvement

• A reasonable time frame for improvement

• Possible consequences if the issue continues

  
  

The employee must be given a chance to respond before the warning is finalised. A copy should be kept on file and given to the employee.  A key mistake employers make is issuing written warnings without consulting the employee first—this could be grounds for a personal grievance.

New Zealand employment law does not set a fixed number of warnings before dismissal. In cases of serious misconduct (e.g., theft, violence, or gross negligence), dismissal may occur immediately following a fair disciplinary process.

Warnings will generally expire after a period of time. Warnings should state how long they are for — for example, 6 months or 1 year. Even if a time period is not stated, after a certain time the employer may not be able to rely on it as a basis for future action. Each case will depend on its own facts.

If a warning is unjustified or procedurally flawed, an employee can challenge it by raising concerns with their employer and, if need be, filing a personal grievance within 90 days.  If you believe a warning has been issued unfairly, seeking legal advice early can help you protect your rights. Mathewswalker.co.nz | 0800 612 355

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