5.

ACCOMPANIMENT AND REPRESENTATION

5.1

A complainant may be accompanied at any meetings or interviews connected with her/his complaint by a trade union representative or a work colleague. At any hearing or appeal a complainant may be represented by up to two trade union representatives or work colleagues. At any hearing or appeal the person complained against may be accompanied by a trade union representative or work colleague as s/he will be the key witness.

NOTE:

Where mediation or conciliation is entered into under the management of an independent facilitator, there is no right to be accompanied and/or represented but this may be requested.

5.2

An employee who is required to attend any meeting or interview as a witness in relation to a complaint may be accompanied but not represented by a trade union/professional association representative or work colleague.

5.3

The non-availability of a particular trade union/professional association representative or work colleague to accompany an employee shall not be a valid reason to delay proceedings. The complainant has additional statutory rights – see paragraph 5.4 below.

5.4

Postponement of hearings and appeals.

In accordance with Section 10 (4) of the Employment Relations Act 1999 the complainant may seek a postponement of a complaint hearing and propose an alternative time, if their chosen Trade Union or Professional Association official or work colleague is not available at the time proposed for the hearing by the employer. The Act states that the alternative time proposed by the employee must be reasonable and fall within five working days beginning the first working day after the day proposed by the employer.

NOTE:

The non-availability of the second of the two trade union/professional association representative permitted under this procedure will not be regarded as sufficient reason for a postponement.