What is a Support Person and who can it be?
A support person is someone that an employee can nominate to attend a meeting with them to provide emotional support and reassurance and can be a “second set of ears” in a stressful time. They are there as an observer, and are not to ask questions, advocate or argue on behalf of the employee or answer for them. A support person could be a work colleague, friend, family member, industrial representative or lawyer. There are circumstances where it may not be appropriate for a particular person to take on this role, for example someone with a conflict of interest where allegations could jeopardise or prejudice the meeting / investigation.
What is their role?
The role of a support person is to provide emotional support and reassurance to an employee.
They CAN:
- provide emotional support and reassurance for employee
- observe the proceedings, assist with clarifying the process and take notes
- quietly prompt or advise the employee, including requesting a break if needed
- respect and maintain confidentiality at all times;
They CAN NOT:
- answer, present or defend a case on behalf of the employee
- advocate for the employee
- obstruct or distract the meeting.
If a support person is an officer of a union to which the employee is a member, the officer also has a role in supporting their member’s interests, including actively ensuring that natural justice and procedural fairness has been afforded to their member.
When is it appropriate to have a support person present?
Some circumstances may not require or be appropriate for an employee to have a support person present at a meeting with a manager or supervisor, such as:
- discussions about general workplace operational matters
- general staff meetings and information sessions
- meetings of routine changes to workplace systems / procedures (e.g. to allocate tasks).
It would be appropriate for an employee to require a support person in meetings relating to disciplinary or potential termination matters, or a redundancy that may / may not result in the dismissal of the employee, such as:
- redundancy meetings,
- investigation meetings / show cause;
- meetings about poor performance and conduct in the workplace.
Best practice to allow an employee procedural fairness in a disciplinary or termination process it is recommended to advise the employee that they can bring a support person to meetings where their ongoing employment will be discussed. Employers should not unreasonably refuse to allow the employee to have a support person at the meetings.
Can I record the meeting?
Investigation and disciplinary meetings are commonly recorded by employers as a way of capturing everything that is said in a meeting and the manner in which it is said. If you wish to record a meeting is to best to do so ONLY with the permission of those present.