See Fair Work Act 2009 s.387(e)
Warnings become relevant when an employee is dismissed for unsatisfactory performance.
Unsatisfactory performance is more likely to relate to the employee's capacity to do the job than their conduct.
Performance includes 'factors such as diligence, quality, care taken and so on'.
The Fair Work Commission must take into account whether there was a period of time between:
This period of time gives the employee the opportunity to understand their employment is at risk and to try and improve their performance.
There is no legislative requirement specifying that an employee must be given a certain number of written warnings before being dismissed for poor performance. For example, there is no rule that an employee must receive three written warnings.
However, industrial tribunals over the years have consistently upheld unfair dismissal claims where an employee has not had an opportunity to respond to performance concerns or to improve their performance over a reasonable period of time.
The warning must make it clear that the employee's employment is at risk unless performance improves.
An exhortation is something said or written in order to strongly encourage or persuade a person to do something.
 Annetta v Ansett Australia Ltd, Print S6824 (AIRCFB, Giudice J, Williams SDP, Cribb C, 7 June 2000) at para. 16, [(2000) 98 IR 233]. See also Davis v Collinsville Coal Operations, PR953370 (AIRCFB, Harrison SDP, McCarthy SDP, Redmond C, 19 November 2004) at para. 49; Fischer v Telstra Corporation Limited, Print R2558 (AIRCFB, Ross VP, Duncan DP, Redmond C, 1 March 1999) at para. 29.
 Johnston v Woodpile Investments T/A Hog's Breath Café - Mindarie  FWA 2 (Williams C, 6 January 2012) at para. 58.
 Fastidia Pty Ltd v Goodwin, Print S9280 (AIRCFB, Ross VP, Williams SDP, Blair C, 21 August 2000) at para. 43. See also Crozier v Palazzo Corporation Pty Limited t/as Noble Park Storage and Transport, Print S5897 (AIRCFB, Ross VP, Acton SDP, Cribb C, 11 May 2000) at paras 79–80, [(2000) 98 IR 137].
 Fastidia Pty Ltd v Goodwin, Print S9280 (AIRCFB, Ross VP, Williams SDP, Blair C, 21 August 2000) at para. 44. See also Nicolson v Heaven & Earth Gallery Pty Ltd (1994) 57 IR 50, 60 (Wilcox CJ).