Although the Fair Work Act requires an employer to provide an employee with written notice of the day of termination of employment (sub-sec 117(1)), the Fair Work Commission repeatedly warns them that notice of dismissal by e-mail or other electronic process is dangerous and may be ineffective.
“As was mentioned in the extract of the Full Bench Decision in Ayub;
“In a situation where an employee is informed by email that he or she has been dismissed, the employee can usually be regarded as knowing or having a reasonable opportunity to know of the dismissal when the email is received in the inbox of the employee’s usual email address.”[emphasis added].
However, as the circumstances in this instance have revealed, communication of the advice of dismissal by electronic means such as email or text message, should generally be avoided. Unless there is some compelling reason like extensive distance or genuine safety concern, advice of dismissal from employment is a matter of such significance that it should be conveyed in person.”
Rawson v Mudgee Golf Club Ltd (2020) FWC 4813 delivered 11 September 2020 per Cambridge C