Wednesday, April 07, 2010
Under s.10 of the Employment Relations Act 1999, workers have the right to be accompanied at a disciplinary or grievance hearing. "Disciplinary Hearing" and "Grievance Hearing" are defined as follows:
Under s.10 of the Employment Relations Act 1999, workers have the right to be accompanied at a disciplinary or grievance hearing.
"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 about the performance of a duty by the employer in relation to the worker
Who can accompany an employee at a Disciplinary Hearing?
The Companion
A full-time trade union official
There is no necessity for the employer to recognise the union in question
A lay trade union official
The lay official must be certified by the union in writing as having experience of, or having received training in, acting as a worker’s companion at such hearings
Another of the employer’s workers
No worker is obliged to act as a companion if he or she does not wish to do so
The role of the companion
The Role
To address the hearing to:
Put the worker’s case
Sum up the case
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
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