In the modern workplace employers often face demands made by
employees to have a "support person" present during
certain processes associated with performance issues, investigative
processes and disciplinary procedures.
That demand is often asserted as a right by the employee.
Here we seek to examine some considerations that employers
should be mindful of in relation specifically to what support they
may agree to, for employees in the workplace. Further it should be
considered whether a standard approach is to be adopted or whether
there is to be some flexibility in the approach.
There is always a legitimate concern that circumstances relating
to performance or disciplinary matters, may lead to an unfair
dismissal claim. Within the Fair Work Act 2009 a relevant
consideration is the criteria for considering whether the dismissal
was harsh, unreasonable or unjust. This is to be found, in part, in
Section 387(d) which states:
