Can Digital Dismissal Satisfy 'Written Notice' Requirements?

New workplace technologies are influencing the ways in which dismissals are communicated. But under what conditions is it legitimate to use these 'alternative' communication methods?

To answer this question it is necessary to evaluate:

• whether communications made via digital media comply with the essential legal requirement of a written form of dismissal; and

• whether these means allow the employer to demonstrate actual receipt of the communication.

Italian case law has addressed these issues.

The 'traditional' means of communication of dismissal

According to Italian law, the employer 'must communicate the dismissal to the employee in writing,' specifying the reasons for it. Dismissal given without observing this requirement is ineffective.