Disciplinary in relation to performance

reference to Page 121 of the current Employment Guide 2018 amendment to change to the details we currently state within the guide

“ the employee is allowed the right to be accompanied at this hearing by either a work colleague or a trade union rep”.

We have now amended and added the below with immediate effect:

“The Employment Relations Act 1999 sets out, at Section 10, the right of employees to be accompanied at disciplinary and grievance hearings. The legislation states that the employer must permit the worker to be accompanied by a companion who is chosen by the worker and is either a colleague or a trade union official.

The legislation sets out that the role of the companion is:

  • to address the hearing to put the worker’s case
  • to sum up that case
  • to respond on the worker’s behalf to any view expressed at the hearing
  • to confer with the worker during the hearing.

A helpful clarification for institutions is that the employer is not required to allow the companion to answer questions on behalf of the worker; neither is the companion to be allowed to address the hearing if the worker indicates that he or she is unhappy for the companion to do so. Another limit placed on the companion is that he or she is not permitted to use his or her role in a way that prevents the employer from explaining his case or prevents any other person at the hearing from contributing to it.”

 

Note: These changes will be included within the Employment Guide 2019 to be issued in September 2018.