Final Warning Letter Before Termination Template for South Africa

The Final Warning Letter Before Termination is a crucial document in South African employment law, typically issued when previous disciplinary measures have not resulted in the required improvement in conduct or performance. This document forms part of the progressive discipline system required by the Labour Relations Act and must demonstrate procedural fairness as outlined in the Code of Good Practice on Dismissals. It should be used when an employee has already received previous warnings and the employer needs to establish a clear record of fair procedure before considering termination. The letter must include specific details about the misconduct or performance issues, reference to previous warnings, required improvements, and the consequences of non-compliance. Its proper execution is essential for defending potential unfair dismissal claims at the CCMA or Labour Court.

1. Letter Header: Company letterhead, date, reference number, and marked 'Private and Confidential'

2. Addressee Details: Employee's full name, employee number, position, and department

3. Subject Line: Clear indication that this is a Final Written Warning

4. Current Violation: Detailed description of the current misconduct or performance issue, including dates and specific incidents

5. Previous Warnings: Reference to previous warnings issued, including dates and nature of warnings

6. Impact Statement: Description of how the employee's conduct affects the workplace, colleagues, or business operations

7. Expected Behavior: Clear statement of the required corrections in behavior or performance

8. Consequences: Explicit statement that failure to improve will result in termination of employment

9. Timeframe: Specific period during which the warning remains valid and by when improvement must be shown

10. Acknowledgment: Space for employee signature and date, with witness provisions