Issuing a warning

An employee’s employment contract cannot be terminated before issuing them a warning, except in severe cases of negligence and in serious violations. Issuing a warning is part of an employer’s right to direct.

Hearing the employee

Before issuing a warning, the employer must hold a hearing. The employee must be notified of the hearing well in advance, and the notification must also state what is the reason for the hearing.

The employee has the right to invite the shop steward, the occupational safety and health representative or another support person to the hearing.

After hearing the employee, the employer may consider issuing a warning. The warning gives the employee information on how serious a violation the employer considers their actions to be. A warning is a way to give an employee the chance to correct their actions and behaviour. The law does not determine the number of warnings leading to termination of an employment contract.

Warning and opposing statement

The warning must be specific enough to show what it is based on. If a workplace applies the warning system, it should be used consistently and fairly.

An employee may oppose the warning given to them by explaining the course of events to their employer with a written statement. The statement must explain why the employee considers the warning unfounded.