Do it right: Don’t sack by phone, email or text

The recent decision of Cachia v Scobel is a timely reminder that sacking an employee should be done in person.

In this case the employer had followed the Small Business Code to conduct the process of termination, but when it came time to notify the employee that their employment was terminated they did so by late night email.

The Commission reiterated in this decision that unless there is a genuine fear or apprehension of physical violence or geographic impediment, the dismissal should be face to face and in person.

Employers need to ensure that, as a part of their employee termination process, employment decisions are undertaken face to face with an employee and not driven by expediency or technology. It could allow an employee to bring a successful unfair dismissal claim for failing to give procedural fairness.

If you need advice or assistance with terminating employees, contact Adam Foster, Head of Workplace Relations on (03) 9629 9629 or adamf@lewisholdway.com.au.