# Warnings Official source: https://www.employment.govt.nz/resolving-problems/how-to-resolve-problems/disciplinary-process/warnings Scanned: 2026-06-07T03:31:31.402Z Use this as a current official guidance reference, not as a substitute for legal advice. ## Page Text Home Resolving problems How to resolve problems Disciplinary action Warnings Disciplinary action How to resolve problems Steps to resolve problems Resolving issues yourselves Talking to your employer Early resolution Mediation Personal grievances Disciplinary action Disciplinary process Informal action Investigations Warnings Suspension Records of settlement Labour Inspectorate complaints Escalating unresolved issues Everyone Warnings Where employee misconduct is not serious and does not warrant dismissal, an employer may decide instead to give an employee a warning. The purpose of a warning Warnings can be a useful tool for employers when managing performance or taking disciplinary action. They can be written or verbal, but we recommend that all warnings are recorded in writing so that there are no misunderstandings. A warning lets an employee know that their conduct or performance is not satisfactory. It is important that a warning is clear enough that the employee knows that if they repeat the behaviour, or their performance does not improve, then their ongoing employment is at risk. The warning should: make it clear that it is a warning say what will happen if the change or improvement does not take place be communicated clearly be understood by the employee be reasonable (in proportion with the action) give a reasonable time to improve, if it relates to performance. Employment agreements A written document setting out the terms and conditions of employment agreed by the employer and employee (also known as a ‘contract of service’). It can include other contractual documents and agreements made by the employer and employee. Every employee must have a written employment agreement. and workplace policies will sometimes specify the process for issuing warnings and what type of warnings (written or verbal) are needed. A final warning should be in writing unless there is a different process set out in the employment agreement. Prior warnings If an employee has already had a prior warning, the employer may be able to: dismiss the employee, or give a further or final warning. A prior warning or warnings do not always justify dismissal or a final warning. For example: a warning for one type of misconduct cannot be relied on when dealing with another type of misconduct if a warning is too old, it may be unfair for an employer to rely on it. Dismissal Expired warnings Warnings will 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. There is a general rule that it may be challenging for an employer to rely on a warning that is more than 12 months old. Depending on the facts, an employer may be able to take a recently-lapsed final warning, or an expired warning, into account if it is not the only factor being considered. Unrelated warnings Generally, a warning issued for 1 instance of unsatisfactory performance or behaviour cannot be relied on to support disciplinary action that relates to another warning. In some cases, the employer may refer to an unrelated warning if the action by the employee is similar to something that resulted in a previous warning/s. However, care should be taken, and if any past warning or warnings are referred to, the employee should be given the opportunity to respond. Published: 21 May 2024 Last modified: 13 June 2024 Written for: Everyone Share this page: Print this page: