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Can we ask an employee to choose another support person?

By Portner Press on September 2nd, 2019
  1. Industrial Instruments
  2. Fair Work Act

Q
Can we request that a party to a workplace investigation finds an alternative support person if the one they initially choose refuses to sign a confidentiality agreement? The support person is also a current employee.
A
If the employee selects another current employee as a support person and you refuse to allow this, you are putting yourself at risk of an unfair dismissal claim as this is a factor that the FWC considers when determining whether a dismissal is harsh, unjust or unreasonable.

Both the employee and support person should be reminded that they must maintain employee confidentiality in relation to a workplace investigation ensuring that they are aware breaking confidentiality may result in disciplinary action.

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