Employers generally know that their must be a valid reason for
dismissal, they must notify the employee of these reasons; provide
opportunities for the employee to respond; and where the dismissal
is performance based, provide warnings in most instances. However,
employers often fail to consider the employee's right to
request a support person. This is a mistake.
When determining whether a dismissal was harsh, unjust or
unreasonable, the Commission will take into account whether or not
the employer unreasonably refused the employee the opportunity to
have a support person present at the meeting. This is more than
just simple courtesy, or consideration for an employees well-being.
An unreasonable refusal may, depending on the factual circumstances
of the case, render a dismissal harsh, unjust or unfair. It is
therefore crucial that employers understand their rights and
obligations as to allowing for an employee to access a support
person.
