Final Written Warning Letter Template for South Africa

The Final Written Warning Letter is a critical document in South African employment law, typically issued after previous verbal and/or written warnings have failed to achieve the desired improvement in conduct or performance. It represents the final step in progressive discipline before termination of employment, making it essential for compliance with the Labour Relations Act 66 of 1995 and the principles of fair labor practice. The document must clearly state the nature of the misconduct or performance issue, reference previous warnings, specify required improvements, and outline consequences of non-compliance. It serves both as a formal record of the disciplinary process and as a legal safeguard ensuring procedural fairness in potential future dismissal proceedings. The document should be drafted with careful attention to detail, as it may need to withstand scrutiny at the Commission for Conciliation, Mediation and Arbitration (CCMA) or Labour Court.

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

2. Employee Details: Full name, employee number, position, department, and length of service of the employee

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

4. Previous Warnings: Reference to previous verbal and written warnings, including dates and nature of previous misconduct

5. Current Misconduct: Detailed description of the current misconduct or performance issue, including specific incidents, dates, and evidence

6. Impact Statement: Explanation of how the misconduct affects the workplace, colleagues, or business operations

7. Expected Behavior: Clear statement of the required conduct or performance improvement expected

8. Consequences: Statement that further misconduct may result in dismissal

9. Timeframe: Period for which the final warning remains valid

10. Support Measures: Any assistance, training, or support that will be provided to help the employee improve

11. Acknowledgment: Space for signatures of the employee, manager, and witness, including date