The Role of the Companion during the Disciplinary and Grievance Process

2. When does the right apply?

Employees have the statutory right to be accompanied by a companion where the disciplinary meeting could result in:

• a formal warning being issued to the employee (i.e. a warning that will be placed on the employee’s record);
• the taking of some other disciplinary action (such as demotion or dismissal) or other action; or
• the confirmation of a warning or some other disciplinary action (such as an appeal hearing).

Employees have a statutory right to be accompanied by a companion at a grievance meeting which deals with a complaint about a duty owed by the employer to the employee, for example, if there is a breach of legislation or a contract term.

Informal discussions, counselling sessions or investigatory meetings do not attract the statutory right to be accompanied. Meetings to investigate an issue are not disciplinary meetings. If it becomes apparent that formal disciplinary action may be needed, then this should be dealt with at a formal meeting at which the employee will have the statutory right to be accompanied.

The Authority will however extend the right to request to be accompanied to an employee who is the subject of an informal investigation provided this does not unduly delay the process.