Is a Support Person an Advocate?
The obligation on employers to ensure that employees have the opportunity to have a support person present during discussions that may lead to dismissal can often be the cause for some confusion and even anxiety as to exactly what the support person can say or do.
Many employers ask us if it is really necessary for the employee to have a support person and what would can that support person do.
The role of the support person at these discussions is to provide emotional support to the employee. They are not to act as the employee’s advocate and should not speak on the employee’s behalf. It is prudent to set out these expectations in writing to the employee at the time that a meeting is requested.
Procedural fairness under the Fair Work Act requires that employers must not unreasonably refuse to allow an employee to have a support person present during discussions that may lead to dismissal.
Subscribers to Your HRdocs can download a summary document from our Guides & Fact Sheets to provide guidance on the role of the support person.