Dismissal should be face to face

The Fair Work Commission is often scathing of employers which communicate a decision to terminate an employee’s job other than face to face.

“I do not consider that informing an employee of their dismissal by phone, text or email to be an appropriate means of conveying a decision which has such serious ramifications for an employee. As there had already been one meeting with [the employee] I can see no reason why a further meeting could not have been organised for the purpose of explaining [the company’s] decision and discussing the termination arrangements…………………”It would only be in rare circumstances that a decision to dismiss an employee should not be conveyed in person. For example, it may be necessary where the employer believes a dismissed employee might be a threat to the safety of his/her employees or because the employee expressly did not want a “face to face” meeting to hear the outcome of any disciplinary process. To do otherwise is unnecessarily callous”.

Ms Anita Cachia v Scobel Pty Ltd ATF the S & I Trust t/a Emerse Skin & Laser [2018] FWC 2648 per Sams DP