Q: We wish to dismiss an apprentice who is on a final written warning. His previous verbal and written warnings related to attendance, but his final written warning is based on his refusal to provide a urine sample for drug testing.

Does the final written warning need to relate to the reason for the prior warnings (i.e. attendance) before we can move to dismissal? In which case we would need to issue a second final written warning (for attendance) rather than moving straight to dismissal?

A: You need to ascertain whether the apprentice is protected by unfair dismissal laws. If so, then yes there is some risk in dismissing this person where you rely on previous matters that are not in any way related to the most recent issue.

A written warning about not providing the sample for drug testing would be an appropriate response based on what you have described.

Please note: The answer is correct at the time of publishing. Be aware that laws may change over time. Refer to Dismissal for current advice.