Source: XpertHR quick reference Date: 13-05-2005 Publisher: XpertHR

Right to be accompanied at disciplinary and grievance hearings - the role of the companion

TOPICS:
terms, conditions and employee rights policies and procedures


Under the Employment Relations Act 1999, section 10 workers have the right to be accompanied at a disciplinary or grievance hearing by a companion of their choice, who is permitted to do the following. 

The role Notes

To address the hearing to:

  • put the worker's case;
  • sum up the case; and/or
  • respond on the worker's behalf to any view expressed at the hearing

The companion is, however, specifically precluded from:

  • answering questions on behalf of the worker;
  • addressing the hearing if the worker indicates that he or she does not wish the companion to do so; and
  • using his or her rights to address the hearing and confer with the worker in a way that prevents the employer explaining its case or any other person making his or her contribution to the hearing
To confer with the worker during the hearing

Related quick reference items

Right to be accompanied at disciplinary and grievance hearings - meaning of disciplinary and grievance hearings
Right to be accompanied at disciplinary and grievance hearings - the companion

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