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Do I need to give an employee notice when he is terminated from his employment due to a serious offence?

It came to my notice yesterday that my staff member stole money from the cash registers. I am angry that this has happened and want to terminate his employment immediately. Can I do this?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 11-11-2015
1 Lawyer Answered
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Kate Luckman, Dulwich Hill 2203 NSW

  • Theft is serious misconduct. You should adhere to a proper disciplinary or dismissal procedure including:
  • conduct a thorough investigation including obtaining witness statements if necessary;
  • outline the allegations to the employee in writing;
  • allow the employee an opportunity to respond to the allegations;
  • inform the employee of the outcome in person and in writing; and
  • allow the employee the opportunity to have a representative present during meetings.
  • You can terminate your staff member’s employment immediately for cases of serious misconduct. In such circumstances notice is not required. However you will need to make sure that you have clear proof and substantial evidence of his misconduct and you should ensure the dismissal is done calmly, not in anger.

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