Can an employee bring a ‘support clown’ to a dismissal meeting?
Summoning an employee to a dismissal meeting is a high stress situation.
Get it wrong and the employer can end up facing an expensive unfair dismissal claim.
Many employers already know that an employee can request a support person to be present during a disciplinary meeting. But there is a trap for employers who get it wrong. Under the Fair Work Act, unreasonably refusing an employee’s request for a support person could result in an unfair dismissal verdict.
- But what if an employee brings a ‘support clown’ to a dismissal meeting?
- Are the employer’s hands tied?
- Can the clown be given their marching orders?
Our Principal, Brad Petley, was interviewed on ABC Radio about this very situation.
Listen in to find out whether the clown has to stay or whether they could be given the boot.
Watch the Video for the Answer
About the author
Brad Petley, is the Principal of Acumen Lawyers, a boutique employment and safety legal practice based in Brisbane, but happily solving workplace issues for clients Australia-wide.
Brad is a QLS Accredited Specialist in Workplace Relations Law.