Employers need to give employees written notice before ending their employment.

Some employees don’t need to be given notice. See Who doesn’t get notice for more information.

Can written notice be given electronically?

Yes, if:

• the employee consents to receiving electronic communications
• the notice is readily accessible to the employee.

Examples of electronic communication include email, text message, and other forms of electronic messaging.

It’s best practice to meet with an employee in person to discuss a potential termination of employment before any written notice is given. See Managing underperformance for more information.

Consenting to electronic communication

Examples of ways an employee can consent to receiving electronic communications include:

• if it’s a term of the employment contract or workplace policy
• by confirming they are willing to accept electronic communications, for example by providing an email address for communication
• if their previous actions show they’ve consented to electronic communication, for example, by using emails or text messages to communicate with their employer.

What if an employer doesn’t give written notice?

If an employer doesn’t give written notice, they’ve breached the National Employment Standards.

There can be serious consequences for breaching the National Employment Standards.

Whether the termination of employment is still valid when written notice isn’t given will depend on the facts of each situation. Parties may wish to seek their own independent advice.

Ending employment

When ending an employee's employment, an employer may have other obligations in addition to providing written notice. There are also unfair dismissal protections and general protections for employees.

For more information please see our Ending employment page.

References

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