No Employee Advocates for Performance Management Meetings

Employment Law: 23 March 2019

Employees are not entitled to bring advocates to meetings with their employers to discuss performance or behavioural issues.

In February 2014 in The Victorian Association for the Teaching of English Inc v Debra de Laps the Full Bench of the Fair Work Commission found that a refusal by the employer to allow the employee an advocate at a counselling meeting did not constitute an element of procedural fairness so as to justify a claim for unfair dismissal.