If your boss calls you into a meeting about your work, your conduct, or anything that could affect your job, you don’t have to go alone. Under the Employment Relations Act 2000, you have the right to bring a representative with you to any meeting with your employer.
This right is set out in section 236 of the Act, which says you can choose someone to represent you in any matter relating to your employment. On top of that, the Employment Court has made it clear that when an employer raises concerns with a worker, the worker must be given the chance to have a representative present, not just a support person or a witness. This was established in the leading case of IUOW v Unilever NZ and is now a basic standard of procedural fairness.
Your employer is also required to act in good faith under section 4 of the Act. That means they need to follow a fair process. If they want to raise concerns about your performance or conduct, they must tell you what the concerns are, give you the information they are relying on, and give you a reasonable chance to respond. Part of that fair process is allowing you to have your representative there with you.
What does this mean in practice?
If you are called to a disciplinary meeting, an investigation meeting, a performance discussion, or any meeting where something about your job could be on the line, talk to your delegate first. Your delegate knows your workplace, understands your rights, and can be there with you to make sure the process is fair. They can take notes, ask questions, and help you think through how to respond.
Having your delegate alongside you can make all the difference. These meetings can be stressful, and it’s easy to feel pressured into agreeing to something or saying things you wouldn’t normally say. Your delegate is there to make sure you get a fair go.
What if your employer says you can’t bring someone?
Your right to representation is protected by law. If your employer tries to stop you from bringing a representative, they are not following a fair process. That could mean any decision they make as a result of the meeting is unjustified under section 103A of the Act. If this happens to you, contact E tū straight away.
Don’t wait until it’s too late
One of the most important things to remember is that you should talk to your delegate as soon as you find out about a meeting, not afterwards. If a decision has already been made, it is much harder to challenge. Your delegate can help you prepare, know what to expect, and make sure your rights are respected from the start.
Being part of E tū means you never have to face your boss alone. That’s one of the most important protections your union membership gives you.