Health and Community Services Union Tasmania.
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My employer wants a meeting to discuss concerns about my work can I have a representative?

Yes, employees have a legal right as provided for in Industrial legislation to have a Union representative at any meeting with the employer. The employee may reschedule such a meeting to ensure that the representative of their choice is available. HACSU's experience is that employees who attend such meetings with an employer without a Union representative often regret their decision. HACSU therefore strongly recommends that members exercise their legal right and only attend such meetings with an employer accompanied by a Union representative.

KNOW YOUR RIGHTS

Your employer has asked you to come into the office to have "a chat." What are your rights?

  • All employees have the right to ask what "the chat" is in relation to.
  • All employees have the right to know what will be discussed before you get into a meeting with your employer.
  • All employees have the right to have another person with them ( this could be your union delegate or worksite committee person or another person at your work or a union organiser.)
  • All employees have the right to change a meeting time or date until someone is available to attend the meeting with them.
  • All employees have the right to make notes and ask questions during the meeting.
  • If there is a written complaint concerning you, you have the right to a receive a copy of the complaint at least 24 hours before you go into the meeting, and before you make a response you need to have been given reasonable time to read and understand the complaint.
  • If you are asked to sign a document you have the right to a copy of that document.
  • At any time during a meeting you can end the meeting if you believe that you are not been given a fair hearing.
  • We at HACSU hear from members on regular basis saying that they were told by Management that they had to attend a meeting immediately or were forced to sign documents that they either didn't understand or were not given a copy of.
Every employer must keep an employment file on his or her employees. The Industrial Relations Act gives you the right to look at this file and take copies of any information that you require. You cannot remove document from this file. There may be file notes or complaints that you have never been given the opportunity to respond to. It is worthwhile checking your files every so often.

REMEMBER YOU HAVE RIGHTS - USE THEM

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Disclaimer

Frequently asked questions are designed to provide members with general guidance only. The answers cannot be absolutely precise because each members particular circumstance maybe different and therefore require advice specific to the member. Therefore members may still need to contact the Union for more detailed information and/or advice.


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© 2001 Health and Community Services Union
www.hacsutas.asn.au/faqs/6.html
Last Modified: 16 Nov 2005

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