Source: XpertHR quick reference Date: 05-04-2009 Publisher: XpertHR

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

TOPICS:
terms, conditions and employee rights policies and procedures


Under s.10 of the Employment Relations Act 1999, workers have the right to be accompanied at a disciplinary or grievance hearing. For these purposes "disciplinary hearing" and "grievance hearing" are defined as follows. 

Disciplinary hearing Notes

A hearing that could result in:

  • the administration of a formal warning
  • the taking of some other action (for example suspension without pay, demotion or dismissal)
  • the confirmation of a warning or some other action

Informal meetings and meetings to investigate an issue are not disciplinary hearings

 

A grievance hearing could relate to a common law or statutory duty

Grievance hearing
A hearing concerning the performance of a duty by the employer in relation to the worker

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