So there is a lot in labour law that is counter-intuitive. But few things are as plain contradictory as verbal warnings.
Progressive Disciplinary Steps in the Workplace
Depending on the disciplinary code you have in your company (if you don’t have one you best give us a ring – the code, not the company) your informal progressive disciplinary process is going to consist of the following, in order of severity:
- Counseling (this one is optional – not all disciplinary codes refer to it)
- Verbal warning
- Written warning (sometimes also called “first written warning” as well)
- Final written warning
The timeframes that these warnings remain “live” or valid for will also vary from disciplinary code to disciplinary code. That said, these warnings are meant to form part of a progressive cautioning process that escalates in severity as a result of repeated negative or detrimental behavior on the part of an employee.
Why Verbal Warnings Can Be Problematic for Employers
However, if things come to a head and you want to stick an employee into a disciplinary hearing after they have received a final written warning; as the employer you are going to have to lay your cards on the table – in this case the progressive signed and dated warnings that coincide with the time stipulations of your disciplinary code for that offence.
The Onus of Proof in Disciplinary Hearings
The problem here is that many managers approach counseling and verbal warnings as warnings that can quite literally be issued verbally and not necessarily reduced to writing. That’s a mistake that can trip you up quite horribly.
How Verbal Warnings Can Trip You Up
As the employer the onus rests with you. That means if your disciplinary code says you needed to issue a verbal warning or a counseling as a departure point to initiate an informal progressive disciplinary process with an employee, you are going to have to prove that you did. If you are going to get into a situation where you are trying to prove to an adjudicator that you issued a time sensitive warning verbally and the employee is disputing this, you are in a world of hurt.
The Simple Solution: Put Verbal Warnings in Writing
The anti-dote for this is simply to also ensure you reduce counselings and verbal warnings to writing, the same way you do written and final written warnings.
Key Takeaways
- Verbal warnings aren’t always enough: If you can’t prove they were issued, they carry little weight in a hearing.
- The onus is on the employer: You must provide clear evidence that each step of the disciplinary process was followed.
- Documentation protects you: Even informal steps like counseling and verbal warnings should be recorded in writing.
- Progressive discipline must be traceable: Signed, dated, and time-specific warnings create a strong foundation for your case.
- Consistency matters: Treat verbal warnings with the same seriousness as written warnings to avoid disputes later.
Frequently Asked Questions (FAQ)
Are verbal warnings legally binding?
Yes—verbal warnings can form part of progressive discipline, but without written proof, they’re difficult to enforce in disputes.
Why should I put a verbal warning in writing?
In hearings or arbitration, you’ll need evidence. A written record confirms the warning was issued and when.
How long do verbal warnings stay valid?
This depends on your company’s disciplinary code. Many codes specify a set timeframe—often a few months.
Can I skip verbal warnings and go straight to a written warning?
Yes—but only if your disciplinary code allows it, or if the offence is serious enough to justify jumping straight to a written warning. Think along the lines of serious misconduct where a gentle reminder just won’t cut it.
What’s the risk of not documenting verbal warnings?
If the employee challenges you and you have no proof, it’s like the warning never happened. No paper trail means no leg to stand on.
Conclusion
Verbal warnings might seem quick and casual, but if you don’t handle them properly, they can backfire. In a hearing, it’s not about what you remember saying—it’s about what you can prove.
Putting it in writing isn’t about being petty; it’s about protecting your business, following the rules, and having backup if things get messy later. Treat even the “small” warnings like part of a formal process, and you’ll save yourself a ton of frustration and unnecessary drama down the road.
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