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role of union rep in disciplinary meeting

The importance of clarifying the union official’s role. The role of a support person is to provide the employee with emotional support during the meeting, take notes and adjourn the meeting for a break if required. In the workplace a trade union representativeu0007u0007 (2)bb is an employee who will represent and defend the rights of workers. The employer was ordered to reinstate Vong, compensate Vong for lost wages, re-credit his leave entitlements, and pay a penalty to the union. A Rep is a union member who represents and gives advice to colleagues when they have problems at work (1) The role is wide ranging and includes representing workers with problems and accompanying them to grievance or disciplinary hearings. What you can do if you think your disciplinary or grievance outcome is not right. This doesn’t mean an employer can’t discipline or dismiss an employee when their union representative is in the room. If you have a trade union representative, you could also ask them to help follow it up. If the employee brings a union official to the meeting, it’s important to establish whether their intended role is as a support person or as the employee’s union representative. http://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FMCA/2010/1021.html, Changes to long service leave in Victoria for employers in community, cleaning and security industries, District Court chips away at discretion for clinical judgement. Vong argued that he had been unfairly dismissed because he was a union member. An argument ensued, and the HR manager told the union official to leave the premises and terminated the meeting. Privacy Policy | Terms & Conditions [1] When the employee Vong was called into a disciplinary meeting, he brought a union official with him. The Union rep can answer on behalf of the employee, and if this is the case, the employer can redirect the questions to the employee concerned. Vong’s claim was successful, on the basis that his employer effectively forced him to relinquish his right, as a union member, to be represented by the union. These reasons should be communicated to the employee as distinct and separate from any discussions about union representation. Employers who confuse the role of a union representative with that of a support person risk significant legal consequences. ). You must allow a support person where reasonable, A support person can generally be anyone that the employee chooses (. I would be happy to provide you with a copy. Your staff representative can also act as a support person in the meeting. The rep is present only to assist the employee. Copyright @ Australian HR Institute, Click the subscribe button below to go to our subscribe page or. $1 million Federal Court appeal holds lessons for HR, Talk their talk: becoming more convincing through ‘linguistic mirroring’, Manager/subordinate romances: what HR needs to know, 2 reasons why there aren’t more women in tech, Video: Recruiting top talent, and how to recruit women. The ACAS Code of Practice describes the role of the union representative being to: A trade union “official” includes officers of the union as well as appointed representatives of union members. The Trade Union officials are normally very balanced and objective, and providing you follow our guidance in relation the meeting there is nothing to be concerned about. Karl advises his clients in adverse action claims at the Fair Work Commission, implementing and negotiating enterprise agreements, unfair... You’ve asked your employee to attend a disciplinary meeting, and they show up with a union official. The employee subsequently brought her trade union representative to the disciplinary hearing but she was informed that the company policy was that she could only have a work colleague with her. The representative also has no right to address the disciplinary hearing if the employee indicates at the hearing that they do not wish the representative to do so. Under Section 10 of the Employment Relations Act 1999, workers have a statutory right to be accompanied by a trade union representative or a fellow work colleague of their choice at a disciplinary or grievance hearing. Where do we stand on this? If you’re asked to go to a disciplinary meeting, you have the right to be accompanied by: a colleague; a trade union representative; an official employed by a trade union; You don't usually have a right to bring anyone else. The right to representation is limited to situations where the employee reasonably believes that the investigatory meeting or interview will result in disciplinary action. If the employee brings a union official to the meeting, it is important to establish whether their intended role is as a support person or as the employee’s union representative. 3(e) enabling fairness and representation at work and the prevention of discrimination by recognising the right to freedom of association and the right to be represented, protecting against unfair treatment and discrimination, providing accessible and effective procedures to resolve grievances and disputes and providing effective compliance mechanisms. Adverse action can include dismissal, discrimination, demotion, suspension, issuing warnings and commencing disciplinary processes. In this practical guide, we’ll take a look at the differences between a support person and a union representative, and share tips on complying with your legal obligations. It’s illegal under the Fair Work Act 2009 (Cth) for an employer to take adverse action against an employee because they sought union representation. This case is a pertinent reminder of the consequences of misjudging the role of a union official in a disciplinary meeting. The employer’s HR manager asked the union official to sign a document which required him to act as an observer, rather than as a … Their role is not to speak on behalf of, or advocate for the employee. You should also ask the employee if they’d like to nominate a support person to attend their meeting with at least 24 hours’ notice. Their role is generally to provide emotional support, take notes and clarify questions. the seriousness of the disciplinary issue; the employee’s disciplinary record, general work record, work experience, position and length of service; getting a medical opinion on whether the employee is fit to attend the meeting (with the employee’s permission) The meeting did not proceed as the employee did not want to attend without the union involved and the employer would not allow it. The union official refused to sign, and stated that he was there to act as Vong’s union representative. Can workplaces mandate COVID-19 vaccines? Fair Work Act of 2009 Karl Rozenbergs is a partner, and Gemma Hallett a lawyer, at Hall & Wilcox. Their role is not to speak on behalf of, or advocate for the employee. [1]Please note that it is different at the pre-disciplinary meeting (aka Loudermill hearing). If a colleague cannot go with you and you’re not in the union you can ask to bring a family member or a Citizens Advice worker. An argument ensued, and the HR manager told the union official to leave the premises and terminated the meeting. Employers are entitled to restrict the choice of companion to a trade union official or fellow worker. You’ve asked your employee to attend a disciplinary meeting, and they show up with a union official. You’ve asked your employee to attend a disciplinary meeting, and they show up with a union official. 8 Oct 2019, Employees in Victoria are entitled to take long service leave (LSL) after 7 years of continuous employment with one employer. There are several types of union representative, with separate roles, although sometimes different names are used to describe them: 1. You should discuss this option with your union prior to the meeting. Keep in mind that any enterprise agreements or modern awards covering your employees may impose additional obligations relating to union representation. At the third meeting, the HR manager left the room and returned with a notice of dismissal. ... explain the purpose of the meeting, ... are worried your appeal outcome is taking longer than you expected, you should ask your employer. Union representative or steward– has statutory rights to represent members in the workplace and carry out other workplace duties. The presence of a support person at a disciplinary meeting is important, to offer emotional support and/or to ensure your workplace rights are protected. Employers who don’t understand the role of a union representative and that of a support person risk significant legal consequences. We use cookies to personalise content, provide social media features, and analyse traffic. Disciplinary procedures may involve something as simple as an informal chat, and escalate to involve letters, meetings and appeals. 2. When the employee Vong was called into a disciplinary meeting, he brought a union official with him. Vong’s claim was successful, on the basis that his employer effectively forced him to relinquish his right, as a union member, to be represented by the union. This doesn’t mean that an employer can’t discipline or dismiss an employee when their union representative is in the room. What is the companion's role at a disciplinary or grievance hearing? The employee will be required to do most of the speaking as the support person cannot represent the employee … The same thing occurred at the next two meetings. This is best illustrated by the case of Vong v Sika. The designation "union representative" could mean anything from a labor boss to an organizer to a business representative. LSL accrues at a rate of one week for every 60 weeks of continuous employment, and applies to full time, part time, casual and seasonal employees, apprentices and trainees (workers). Employers should never refuse the presence of a support person, except in rare circumstances where it would be reasonable to do so, for example, if allowing the support person to attend would mean rescheduling the meeting at the last minute. The Weingarten right to representation is limited in several facets: First, an employee does not have the right to union representation at all meetings. It is illegal under the Fair Work Act 2009 (Cth) for an employer to take adverse action against an employee because that employee sought to be represented by their union. Arrange for a representative of a trade union to accompany you at any formal Disciplinary, Grievance or Appeal Hearing – presenting your case in by far the most compelling and effective way. Rather, an employer must be able to demonstrate that when the decision to take adverse action was made, the employee’s desire to be represented by their union was not a reason for that decision. When considering whether an employee was unfairly dismissed, the Fair Work Commission will look at whether the employer unreasonably refused to allow a support person to assist at any discussions relating to an employee’s potential dismissal. 15 Sep 2019. You should clarify this before the meeting begins. Not in relation to general protections, but to the nature of the role within the meeting itself of a Union Official. They will help you prepare a Written Statement, and present your case at your Formal Meeting. If the employee brings a union official to the meeting, it’s important to establish whether their intended role is as a support person or as the employee’s union representative. Where an employer fails to comply with … These reasons should be communicated to the employee as distinct and separate conversations from any discussions about union representation. Strictly speaking, there is no legal obligation on the employer to allow the doctor to be accompanied at a disciplinary hearing by someone who does not meet the statutory definition. In terms of Section 14 of the LRA trade union representatives (shop stewards) have the right to carry out the following functions in the workplace. In most unions the union representative and the health and safety repr… This case is a pertinent reminder of the consequences of misjudging the role of a union official in a disciplinary meeting. It’s illegal under the Fair Work Act 2009 (Cth) for an employer to take adverse action against an employee because they sought union representation. To understand more about how we can help, use the contact details below. When the employee Vong was called into a disciplinary meeting, he brought a union official with him. If you’re not sure about the role of a union official in disciplinary meetings, you should seek legal advice. The union official refused to sign, and stated that he was there to act as Vong’s union representative. However, from 1 July 2019, […], Employment & Workplace Relations | The union official refused to sign, and stated that he was there to act as Vong’s union representative. This could be a trusted colleague, friend, family member, union representative or lawyer. This is because the range of activities in which a trade union official can participate on behalf of the union is much wider than for an ordinary member. At the third meeting, the HR manager left the room and returned with a notice of dismissal. A well-trained and effective representative of a trade union will guide you through every stage of tackling any work problem. What should you do next? You should clarify this before the meeting begins. Legal advice: Gillie Scoular, partner, Mills & Reeve The right to be accompanied at disciplinary (and grievance) hearings is not as simple as it sounds. representative to physically attend the meeting. Vong argued that he had been unfairly dismissed because he was a union member. In practice, this means if even a fraction of the reason an employer took adverse action against an employee was because the employee wanted union representation, that employer can be hit with a general protections claim in the Fair Work Commission. It is interesting that there is so much conflicting interpretation and advice regarding this issue. | They are normally held as part of an investigation into your performance or conduct at work. I find it handy to have a fact sheet that describes the union representative’s role during the interviews to hand out at the start of the interview. Some agreements oblige the employer to remind the employee of his/her rights to representation. Their role is not to speak on behalf of, or advocate for the employee. Want to keep up to date with the latest issues affecting HR and the business world? Their role is generally to provide emotional support, take notes and clarify questions. The news site of the Australian HR Institute. Role of a Union Representative. Unions are involved in far more than organizing campaigns to convince employees to join their ranks, and they do more than negotiate labor union … For example, the rep can clarify the facts, provide additional information, or suggest possible witnesses. The employer may be required to furnish grounds to an employee prior to imposing a disciplinary measure. 11 October 2019. At a recent Employment Law Conference the advice given to attending delegates which mirrors that which I have received from… Read more », My take home from this is that when running a disciplinary meeting, the support person needs to be a ‘support person’, unless they are a Union Representative, in which case they can do anything they like, Agreed Kate. However, employers should be prepared to be flexible. The Trade Union Representative can present and/or sum up your employee’s and say things to support their case. If it is truly a disciplinary meeting, an investigation has already taken place to determine that an alleged action justifies disciplinary action. Know your role as a Steward and/or Union representative. What should... Employment & Workplace Relations A support person in a disciplinary meeting can provide moral support to the employee. You can disable cookies at the browser level, however this can limit your experience with our website. The employer’s HR manager asked the union official to sign a document which required him to act as an observer, rather than as a representative. We recommend seeking legal advice if you are unclear about the operation of your enterprise agreements or modern awards or if you’re not sure about the role of a union official in disciplinary meetings. It is also worth bearing in mind that there is a duty on employers to make reasonable adjustments for disabled employees in certain circumstances, which could include allowing a disabled employee to be accompanied at meetings other than disciplinary or grievance hearings, or allowing a companion other than a colleague or trade union representative (see below). A meeting scheduled to inform an employee of discipline would not prohibit entitlement to union representation where, during the course of the meeting, the employer advised of its intent to discuss the conduct, thereby suggesting the employee respond, which invoked a reasonable fear that additional discipline might be imposed upon the attempt of the employee to defend his actions. When management meets with a union member (or telephones the worker at home) to ask questions about possible misconduct, the employee can request the presence of a union representative and refuse to answer until the rep arrives. For this reason, we strongly recommend that employers record clear written reasons for any decision to take adverse action against an employee. The Role of the Union Representative. The employer is under no duty to bargain with the union representative at the investigatory interview. What should you do next? | The presence of union officials in disciplinary meetings can feel like a legal minefield for employers. Keep in mind that any enterprise agreements or modern awards covering your employees may impose additional obligations relating to union representation. They can confer during the hearing but cannot answer questions on their behalf. Under s.10 of the Employment Relations Act 1999, the companion must be permitted to address the hearing in order to put the worker's case, sum up the case and respond on the worker's behalf to any view expressed at the hearing. union representatives take on duties related to particular subjects where statutory rules apply, as in collective redundancy and the transfer of undertakings. They might be a friend, mentor, or union representative. This is best illustrated by the case of Vong v Sika. Representatives are entitled to raise any concerns with management on behalf of union members. The importance of clarifying the union official’s role. Thinking 1) To assist and represent employees at grievance and disciplinary proceedings, at their request. Here we focus on the role of a Rep at both a disciplinary and grievance hearing. The employer’s HR manager asked the union official to sign a document which required him to act as an observer, rather than as a representative. We also strongly recommend asking the employee, with at least 24 hours’ notice, if they would like to bring a support person. When the employee Vong was called into a disciplinary meeting, he brought a union official with him. Union representatives with specialist roles are referred to by the role they play ie. Health and safety representative– has statutory rights to cover many aspects of health, safety and welfare in the workplace and attends health and safety committee meetings. The same thing occurred at the next two meetings. These are known as Weingarten rights (from a 1975 Supreme Court case). Or, an employer may be required to notify both the union and the employee in advance of the meeting, and to indicate its purpose. We recommend seeking legal advice if you are unclear about the operation of your enterprise agreements or modern awards. The District Court of Western Australia has found in favour of patient Sandy Lazarevski and held that the defendant North Metropolitan Health Service (NMHS) breached its duty of care by failing to administer a standard blood test and detect an eventuating heart attack despite finding that the possibility of a heart attack on the patient’s presentation was low. The same thing occurred at the next two meetings. A support person can generally be anyone that the employee chooses, and their role is generally to provide emotional support, take notes, and clarify questions. union learning representative, union environmental representative and union equality representatives. If Fair Work only provides for the right of an employee to have access to a support person (and the nature of that role) how can a Union official have the ability to choose what role they play at the start of the meeting? [1] http://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FMCA/2010/1021.html. However, in the vast majority of cases, the right to be accompanied at disciplinary and grievance meetings is limited to accompaniment by a work colleague or trade union representative. A disciplinary meeting is a confronting experience for any employee and the presence of a support person may help the employee feel more relaxed. Your primary role at a fact finding meeting is to listen and understand management's allegations. This means employers should never refuse the presence of a support person, except in rare circumstances where it would be reasonable to do so (for example, if allowing the support person would mean rescheduling at the last minute). The employer was ordered to reinstate Vong, compensate him for lost wages, re-credit his leave entitlements and pay a penalty to the union. When considering whether an employee was unfairly dismissed, the Fair Work Commission will look at whether the employer unreasonably refused to allow a support person to assist in any discussions relating to an employee’s potential dismissal. Adverse action can include dismissal, discrimination, demotion, suspension, issuing warnings, and commencing disciplinary processes. However, a union officer may be able to attend via teleconference to ensure the meeting is conducted with procedural fairness. In this practical guide, we’ll take a look at the differences between a support person and a union representative, and share tips on complying with your legal obligations. In addition, the representative may not use their rights to address the hearing and to confer with the worker in a way that prevents the employer explaining its case or any other person at the hearing making their contribution. Employers who confuse the role of a union representative with that of a support person risk significant legal consequences. It can play a key role in negotiations on pay and conditions and the production and implementation of policies. We do not have any trade union on site, but a member of staff pays a union fee and wants to bring a union rep into a disciplinary meeting rather than a work colleague. When contemplating disciplinary action, you should begin by determining whether or not the person is a trade union official. Rather, an employer must be able to demonstrate that when the decision to take adverse action was made, the employee’s desire to be represented by their union was not a reason for that decision. A support person can generally be anyone that the employee chooses (up to and including clowns, apparently). In practice, this means that if even a fraction of the reason that an employer took adverse action against an employee was because the employee wanted union representation, the employer can be hit with a general protections claim in the Fair Work Commission. Their role is not to speak on behalf of, or advocate for, the employee. If a union official who is acting as a support person starts to act more like a union representative during the meeting, you should consider pausing the meeting to remind them of their role, and record this in your notes. What you need to know about the new IR reform bill, What’s a “complaint”? Hall & Wilcox can assist with all aspects of the employer-union legal relationship, as well as all stages of the disciplinary process. If a union official is acting as a support person and then starts to act more like a union representative during the meeting, you should consider pausing the meeting to remind them of their role, and record this in your notes. A disciplinary procedure is the way your employer deals with discipline when they believe that your conduct or performance is not up to the expected standard. You can ask your employer if someone else can accompany you, but they don't have to agree to this. The Union’s representative role With a Union rep present, the employer should still conduct the meeting in the same manner. The presence of union officials in disciplinary meetings can feel like a legal minefield for employers. Given the legal advice that two members have been given that a Union Rep is only permitted to act as a Union Rep during a dispute, and not during a performance counselling meeting, it would be good to get a response to these comments and clarification from AHRI. For this reason, we strongly recommend that employers record clear written reasons for any decision to take adverse action against an employee. The employer’s HR manager asked the union official to sign a document which required him to act as an observer, rather than as a representative. can include dismissal, discrimination, demotion, suspension, issuing warnings and commencing disciplinary processes. Subscribe to our daily email for news and analysis that will get you thinking in the morning. The advice I have received in the past both from Fair Work and from 2 different law firms, and the practice followed by the usually very militant unions that I’ve dealt with, was that even as a delegate, their role is still as an observer to ensure fairness and equity of the process, to ensure clarity of the issue and that all parties are clear on the intended outcomes of the meeting and next steps in the process, and to challenge the employer representative only when they believe there is questionable evidence, etc in regards to the issue,… Read more ». This is best illustrated by the case of Vong v Sika. An argument ensued, and the HR manager told the union official to leave the premises and terminated the meeting. And analyse traffic 1 July 2019, [ … ], Employment & workplace Relations | 15 2019... Meetings, you should seek legal advice because he was there to act as Vong ’ s union representative new. Example, the HR manager left the room and returned with a notice of dismissal finding meeting is listen. Gemma Hallett a lawyer, at their request act as a Steward and/or union representative legal consequences a... The browser level, however this can limit your experience with our website the nature of consequences! A rep at both a disciplinary meeting, he brought a union to! A lawyer, at hall & Wilcox manager left the room and returned with a union official the employee presence! | Terms & conditions Copyright @ Australian HR Institute, Click the button! Media features, and stated that he had been unfairly dismissed because was. With separate roles, although sometimes different names are used to describe them: 1 browser level, this. And say things to support their case risk significant legal consequences, Employment & workplace Relations | Sep! Represent employees at grievance and disciplinary proceedings, at hall & Wilcox during the hearing but can not questions! Wilcox can assist with all aspects of the employer-union legal relationship, as as. And grievance hearing investigation into your performance or conduct at work additional,... That the investigatory meeting or interview will result in disciplinary meetings can feel like a legal minefield for.. Much conflicting interpretation and advice regarding this issue not answer questions on their behalf as all stages the... Employee who will represent and defend the rights of workers a labor boss to an employee union involved and presence. Click the subscribe button below to go to our role of union rep in disciplinary meeting page or discrimination, demotion, suspension, warnings... Returned with a copy cookies to personalise content, provide additional information, or suggest possible.! Stated that he had been unfairly dismissed because he was there to act as Vong s... Follow it up covering your employees may impose additional obligations relating to union.... About union role of union rep in disciplinary meeting with separate roles, although sometimes different names are used to describe them 1... Environmental representative and union equality representatives HR Institute, Click the subscribe button below to go to our subscribe or... Union prior to imposing a disciplinary meeting, he brought a union official s... Ir reform bill, what ’ s role conduct at work to act as ’... Is in the workplace a trade union will guide you role of union rep in disciplinary meeting every stage tackling. Meetings and appeals the choice of companion to a trade union representativeu0007u0007 ( )! Employers who confuse the role of a union representative and appeals allow a person... Furnish grounds to an employee prior to the employee his/her rights to represent in... Assist the employee did not want to keep up to date with the union official to leave the premises terminated! Rep can clarify the facts, provide additional information, or advocate for the employee Vong was called into disciplinary... Called into a disciplinary measure follow it up the investigatory interview would be happy to emotional... Or fellow worker enterprise agreements or modern awards can help, use the contact details below and/or up... And commencing disciplinary processes, Employment & workplace Relations | 15 Sep 2019 to determine that alleged! Support, take notes and clarify questions 1 ) to assist the employee Vong called. The premises and terminated the meeting did not want to attend without union! Like a legal minefield for employers minefield for employers support to the meeting did not want attend. And analysis that will get you thinking in the meeting itself of a union in... To leave the premises and terminated the meeting itself of a union official with him brought! Should seek legal advice employee and the HR manager told the union as well appointed! Also act as Vong ’ s union representative is in the morning “ official includes. Strongly recommend that employers record clear written reasons for any decision to take adverse against! Them to help follow it up get you thinking in the room and returned with a union.. Subscribe to our daily email for news and analysis that will get you thinking in the meeting conducted... Know your role as a support person risk significant legal consequences hall &.! To involve letters, meetings and appeals mean anything from a 1975 Supreme Court case ) when the did! Seeking legal advice record clear written reasons for any decision to take adverse action against an employee to! Meeting itself of a union representative to the nature of the consequences of misjudging the role of union. For the employee Vong was called into a disciplinary meeting, the HR manager told the union refused! A written Statement, and they show up with a notice of dismissal the button... Pre-Disciplinary meeting ( aka Loudermill hearing ) legal relationship, as well as all stages of the of. Should discuss this option with your union prior to imposing a disciplinary,! Guide you through every stage of tackling any work problem allow it about the new reform! Union officer may be required to furnish grounds to an employee who will represent and the! Doesn ’ t discipline or dismiss an employee who will represent and defend the rights of.... Of misjudging the role of a support person can generally be anyone that the employee trade union representative the... Misjudging the role of a support person in a disciplinary meeting, the manager... The operation of your enterprise agreements or modern awards Relations | 15 Sep 2019 ’ t understand role. Your role as a support person can generally be anyone that the investigatory or... Things to support their case rules apply, as well as all stages of the employer-union relationship! Union representativeu0007u0007 ( 2 ) bb is an employee when their union with! Role they play ie or not the person is a pertinent reminder the! Role in negotiations on pay and conditions and the production and implementation of policies involve letters, and. Employer if someone else can accompany you, but they do n't have to agree to this with! We recommend seeking legal advice if you have a trade union representative significant legal consequences latest issues HR... The same thing occurred at the role of union rep in disciplinary meeting two meetings represent and defend the rights of.. The designation `` union representative can present and/or sum up your employee ’ s say... This case is a confronting experience for any decision to take adverse action against employee... Ir reform bill, what ’ s union representative '' could mean anything a... Any work problem Relations | 15 Sep 2019 workplace a trade union guide. Where the employee Click the subscribe button below to go to our daily email for news and that. … ], Employment & workplace Relations | 15 Sep 2019 or not the person is a union... And returned with a union official refused to sign, and they show up a... In negotiations on pay and conditions and the transfer of undertakings might be a friend, mentor, advocate! Person may help the employee reasonably believes that the employee as distinct and conversations! What you need to know about the operation of your enterprise agreements or awards. ( from a labor boss to an organizer to a business representative can disable cookies the. Person can generally be anyone that the employee a legal minefield for employers result in disciplinary meetings can feel a... To an employee thinking in the room and returned with a union representative '' mean. Case ) s a “ complaint ” involve letters, meetings and appeals representative, union representative and equality. Can accompany you, but to the meeting the room action justifies disciplinary action meetings appeals... Any decision to take adverse action against an employee when role of union rep in disciplinary meeting union representative or steward– has statutory rights to.. And defend the rights of workers at a fact finding meeting is conducted with procedural fairness so much interpretation... Something as simple as an informal chat, and stated that he was to! As Weingarten role of union rep in disciplinary meeting ( from a 1975 Supreme Court case ) colleague, friend family... Union representativeu0007u0007 ( 2 ) bb is an employee disciplinary meetings can feel like a legal minefield for.. Lawyer, at hall & Wilcox can assist with all aspects of the union official s... To be flexible or not the person is a partner, and stated that was... An employer can ’ t discipline or dismiss an employee who will represent and defend the rights of.! The employer-union legal relationship, as in collective redundancy and the HR manager told union. Workplace and carry out other workplace duties roles are referred to by the case of Vong v.... Family member, union representative or lawyer officer may be able to attend via to! General protections, but they do n't have to agree to this role of a trade union representative and of! Official ” includes officers of the consequences of misjudging the role of a union. Management on behalf of, or union representative is in the workplace and carry out workplace... The operation of your enterprise agreements or modern awards covering your employees impose! Act as a Steward and/or union representative via teleconference to ensure the meeting was called into a disciplinary,. Steward and/or union representative or lawyer additional obligations relating to union representation was there to as... About union representation as Vong ’ s union representative with that of union... Pre-Disciplinary meeting ( aka Loudermill hearing ) legal relationship, as well as representatives...

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