This Overview summarises the issues and provides links to relevant Practice Notes relating to the statutory right to be accompanied at disciplinary and grievance hearings, under the Employment Relations Act 1999 (ERA 1999).
The right of accompaniment is given to workers who are required or invited by the employer to attend a disciplinary or a grievance hearing and who reasonably request this.
Anyone covered by the particular definition of 'worker' in the ERA 1999 has this right, irrespective of length of service. This definition includes employees, those under contracts personally to undertake work for someone who is not a client/customer, agency workers, home workers, and most individuals in Crown employment.
The definition of ‘worker’ is wide enough to cover those whose employment or contract has been terminated, thereby including workers exercising a right of appeal against dismissal whose dismissal has already taken effect.
The right to be accompanied applies to all disciplinary hearings which could result in the worker receiving a formal warning, or the employer taking 'some other
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