The often quoted ‘3 warnings before dismissal’ is not a legal requirement. The Fair Work Act does not specify a minimum number of warnings needed for a fair dismissal. The dismissal should not be harsh, unjust, or unreasonable according to the Act. Instead, the number of warnings given to an employee will depend on the facts and circumstances of each case.
To ensure that your process is fair, ensure to:
Set clear expectations from start (written policies, procedures and job description)
Explain in detail to the employee why they are getting a warning
Allow them a reasonable opportunity to respond, correct or improve
Record all the details
Failure to give an employee a reasonable opportunity to respond, correct and / or improve, before a decision to dismiss is made, will increase the likelihood of the dismissal being found to be unfair.
Note: One exception to this rule is if the employee has committed gross or serious misconduct. See separate Q & A on this subject.