The Fair Work Act does not mandate that employers must offer an employee a support person when discussions are taking place which might lead to the dismissal of the employee.
“There is no positive obligation on an employer to offer an employee the opportunity to
have a support person:
“This factor will only be a relevant consideration when an employee asks to have a
support person present in a discussion relating to dismissal and the employer
unreasonably refuses. It does not impose a positive obligation on employers to offer an
employee the opportunity to have a support person present when they are considering
dismissing them.”17”
Stace v Complete Office Supplies/Complete Office Staffing Pty Ltd [2023] FWC 2758 delivered 23 October 2023 per Schneider C