You must make sure that the employee is totally convinced that the decision is final. If the employee leaves the meeting thinking that there is still a chance then you have failed. You have also created a situation where the employee s false expectations can turn into a belief that he or she has been wrongfully dismissed and a desire to punish you legally. In general, it is better to give written notice of the termination , outlining the details of why the termination is occurring and giving the required notice period specified in the award or agreement. Most awards specify that the party wishing to terminate the employment should give the other party appropriate advance notice, usually one week.
Some awards provide for a qualifying period during which no notice is required.
Other awards need more than one week's notice. To avoid any misunderstanding or dispute, notice should be given to your employee in writing or perhaps in front of a witness, even though this may not be a requirement of the relevant award. The requirement for you to give notice is waived if there is a breach of contract in the form of your employee s misconduct. You may also have the right to pursue a civil claim for damages. This is not the time to make an employee wait for any money they are owed.