Summary Dismissal and Procedural Fairness

It has always been available to employers to instantly dismiss an employee and not pay Notice. But the circumstances in which this scenario is supported by the Unfair Dismissal regime under the Fair Work Act have narrowed over the years, as a recent case illustrates.

Can Notice not be noticed?

The tricky issue of exactly when has notice been effected, featured in two recent FWC decisions which examined when an employee knew, or ought to have known, of notice of an event.