One of the matters which the Fair Work Commission has to
consider in deciding whether a dismissal has been unfair is any
unreasonable refusal by the employer to allow the person to have a
support person present to assist any discussions relating to
dismissal (section 387(d) Fair Work Act).
But if a person facing a serious disciplinary meeting has a
support person with them, what is that person entitled to do? Are
they entitled to act as an advocate or representative?
The traditional understanding has been that a
"support" person is there to do just that - ie provide
support to the employee - and not to be a spokesperson or advocate
for the employee. This is generally seen as a corollary of the
proposition that the employer is entitled to communicate directly
with the employee, and have the employee respond in person, about
workplace disciplinary matters, rather than through a
representative.
