South Africa
Written Warning
R199
Issue a clear workplace written warning for misconduct, poor conduct, or minor rule breaches, with details of the incident, corrective action, validity period, and consequences of repeat misconduct.
A written warning should be fair, factual, proportionate, and consistent with the employer’s disciplinary code, workplace rules, and South African labour-law requirements.
South African legal context (2026 checklist)
A Written Warning is a workplace disciplinary document used to correct misconduct, poor conduct, or breach of workplace rules without immediately dismissing the employee. It is commonly used for less serious misconduct, repeated minor misconduct, attendance issues, timekeeping problems, failure to follow instructions, poor workplace conduct, or breach of policy. The warning should clearly state the rule breached, the facts of the incident, the employee’s explanation, the corrective action required, the period for which the warning remains valid, and the consequences of repeated misconduct. It should be issued consistently, without discrimination, and after the employee has been given a reasonable opportunity to respond. A Written Warning is not a dismissal. It is part of progressive discipline and should be aimed at correction where correction is reasonably possible. The employer should avoid vague allegations, excessive sanctions, unsigned or unexplained warnings, and warnings that are inconsistent with how similar cases were treated. If the employee refuses to sign, the employer may record the refusal and ask a witness to sign, but refusal to sign does not automatically invalidate the warning. Where misconduct is serious, repeated, dishonest, violent, grossly negligent, or destructive of the employment relationship, a formal disciplinary hearing may be more appropriate than a simple written warning.
- Constitution of the Republic of South Africa, 1996 — section 23
- Labour Relations Act 66 of 1995
- Code of Practice: Dismissal, 2025
- Basic Conditions of Employment Act 75 of 1997
- Employment Equity Act 55 of 1998
- Protection of Personal Information Act 4 of 2013, where disciplinary records contain personal information
- Occupational Health and Safety Act 85 of 1993, where the warning relates to safety rules
- Any applicable bargaining council agreement, sectoral determination, disciplinary code, workplace policy, or collective agreement
- Sidumo and Another v Rustenburg Platinum Mines Ltd and Others 2008 (2) SA 24 (CC)
- Avril Elizabeth Home for the Mentally Handicapped v CCMA and Others 2006 (27) ILJ 1644 (LC)
- County Fair Foods (Pty) Ltd v CCMA and Others 1999 (20) ILJ 1701 (LAC)
- Shoprite Checkers (Pty) Ltd v CCMA and Others 2008 (29) ILJ 2581 (LAC)
- National Union of Mineworkers and Another v Amcoal Colliery t/a Arnot Colliery and Another 2000 (21) ILJ 1589 (LAC)
Use this as a starting point only. Verify current gazetted amendments, tribunal rules, and SARS / DOL circulars that may apply to your matter.
Typical questions we'll walk you through
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Who is the employer?
Who is the employee?
What type of warning is being issued?
What workplace rule was breached?
When did the incident happen?
What happened?
Was the employee given an opportunity to respond?
Has the employee received previous warnings?
What corrective action is required?
How long will the warning remain valid?
What happens if the misconduct is repeated?
Does the employee need support, training, or guidance?
Who must sign the warning?
Where will the warning be kept?
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