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Termination Warning Notice for South Africa

Termination Warning Notice Template for South Africa

A Termination Warning Notice under South African labor law is a formal document issued to an employee as part of the progressive discipline process. It serves as an official notification of serious concerns regarding conduct or performance, outlining specific issues, required improvements, and potential consequences including termination. The document must comply with the Labour Relations Act 66 of 1995 and related legislation, ensuring procedural fairness and clear communication. It includes detailed information about the nature of the warning, timeline for improvement, support measures offered, and consequences of non-compliance, while maintaining proper documentation for potential labor proceedings.

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What is a Termination Warning Notice?

The Termination Warning Notice is a critical document in South African employment relations, typically used when serious misconduct or performance issues persist despite previous interventions. It forms part of the progressive discipline process required under South African labor law, particularly the Labour Relations Act and the Code of Good Practice on Dismissals. The document serves multiple purposes: it formally notifies the employee of serious concerns, provides a clear record of the disciplinary process, outlines specific expectations for improvement, and establishes a foundation for potential termination if improvement isn't achieved. The notice must demonstrate procedural fairness and clear communication, including specific timelines, support measures, and consequences. This documentation is essential for protecting both employer and employee rights and may be crucial in potential CCMA (Commission for Conciliation, Mediation and Arbitration) proceedings.

What sections should be included in a Termination Warning Notice?

1. Employee Details: Full name, employee number, position, department, and duration of employment

2. Date and Reference: Date of the warning notice and any reference numbers for tracking purposes

3. Nature of Warning: Clear statement that this is a formal warning notice and its severity level (e.g., final written warning)

4. Details of Misconduct/Performance Issues: Specific description of the incident(s), behavior, or performance issues that have led to this warning

5. Previous Warnings/Discussions: Reference to any previous warnings, counseling sessions, or discussions about the issue

6. Expected Improvements: Clear outline of the specific improvements or changes required from the employee

7. Timeframe: Specific period within which improvement is required and when the warning will be reviewed

8. Consequences: Clear statement of potential consequences if no improvement is shown, including possible termination

9. Support Offered: Description of any assistance, training, or support that will be provided to help the employee improve

10. Acknowledgment: Space for signatures of the employee, manager, and witness, with date

What sections are optional to include in a Termination Warning Notice?

1. Appeal Rights: Information about the employee's right to appeal the warning, to be included when required by company policy or when dealing with union employees

2. Union Representative Details: Details of union involvement and representation, to be included when the employee is a union member

3. Performance Improvement Plan Reference: Reference to a detailed Performance Improvement Plan, to be included in cases of performance-related issues

4. Disciplinary Policy Reference: Specific references to company policies that have been breached, to be included when dealing with misconduct

5. Previous Incident History: Detailed history of related incidents, to be included when there is a pattern of behavior or multiple infractions

What schedules should be included in a Termination Warning Notice?

1. Evidence of Misconduct/Poor Performance: Copies of relevant documentation, reports, or evidence supporting the reasons for the warning

2. Performance Metrics: Specific performance data or metrics showing substandard performance (for performance-related warnings)

3. Meeting Minutes: Minutes from any disciplinary hearings or counseling sessions related to this warning

4. Relevant Company Policies: Copies of specific company policies or procedures that have been breached

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

South Africa

Publisher

Ƶ

Document Type

Termination Letter

Cost

Free to use
Relevant legal definitions



























Clauses




















Relevant Industries

Manufacturing

Financial Services

Retail

Mining

Technology

Healthcare

Education

Construction

Agriculture

Hospitality

Professional Services

Transport and Logistics

Public Sector

Telecommunications

Energy

Relevant Teams

Human Resources

Legal

Operations

Management

Industrial Relations

Compliance

Employee Relations

Administration

Relevant Roles

HR Manager

HR Director

Employee Relations Manager

Legal Counsel

Line Manager

Department Head

General Manager

Operations Manager

HR Business Partner

Compliance Officer

Industrial Relations Manager

Human Resources Officer

Department Supervisor

Team Leader

HR Administrator

Industries





Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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