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Winter 2002

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 about before they go in.

All employees have the right to know what will be discussed before you get into a meeting with your employer.

If it is to answer some allegation, then you also have a number of other rights.

Fundamentally, however, there is an overarching right to natural justice.

Over the years courts and the justice system have broken down the idea of "natural justice" to take into account a series of procedures, which you have a right to insist on.

All employees have a right to ask for and receive any documentation before they go into a meeting.

If there is a written complaint concerning you, you have the right to sight this complaint 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.

All employees have the right to representation. 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 you.

All employees have the right to make notes and ask questions during the meeting.

If you are asked to sign a document you have the right to a copy of that document and to study it and seek advice on it before signing it.

At any time during a meeting you can end the meeting if you believe you are not being given a fair hearing.
The HACSU office hears from members on a regular basis, saying they were told by management they had to attend a meeting immediately or were forced to sign documents they either didn't understand or didn't see.

Most managers would be aware that members do have rights but there are some who believe that they can bully or trick employees into signing documents or making statements that are not correct.

These statements and documents may end up on your personnel file without you even knowing.

Every employer must keep an employment file on their employees.

You have the right to look at this file and take copies of any information that you require. You cannot remove documents from this file.

There may be file notes or complaints concerning you to which you have never been given the opportunity to respond.

It is worthwhile checking your files every so often.

They are your rights. Use them.