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Euro law allows employee to bring union rep to disciplinary?

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  • 23-06-2010 8:28pm
    #1
    makeorbrake
    Registered Users Posts: 4,664 ✭✭✭


    Hi. This isn't a live 'work problem' as such but it could be for others and I'd imagine it would get a better response here.

    Someone suggested to me that its possible for an employee to insist upon bringing a union rep to any disciplinary meeting - even if the employer doesnt recognise unions? In fact, in the case of my own employer, they don't allow the individual to bring a witness from outside the company - full stop ie. it has to be another work colleague.

    Can anyone advise on the legal status of the above?


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    #2
    gerrycollins
    Registered Users Posts: 1,799 ✭✭✭gerrycollins


    The "witness" is literally that its a back up for you and your employer should have one too in case a dispute over what is said arises. The "witness" role is not set down in law but is best practise and if the company policy is as it is then so be it. Anyone i've ever worked for has the same policy.

    Is the unin rep defined as the shop steward or smeone from the actual union from outside the workforce.

    you are allowed to bring in your shop steward because they are also a member of the staff however the union involvement might surrounds any agreements brokered by the union locally where such a dispute might arise. If its a general displinary over actual proven facts the your union is IMO effictively useless.

    your union rep is by no means an expert in employment law anyways and sometime its best practise to sit down with them after the meeting as I have found that some(ie not all) shop stewards enter these meeting very hot headed and "on the attack". you have a right to dispute any findings against you and again these are best discussed outside the actual displinary meetings.


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    #3
    makeorbrake
    Registered Users Posts: 4,664 ✭✭✭makeorbrake


    Hi Gerry. I know that its the only roll of the other person ie. to act as a witness. However, I know it for a fact that in my workplace, other employees are intimidated by the process and are reluctant to act in this role - and dont want anything to do with it.

    My query was addressing specifically firms (usually MNC's) that dont recognise union involvement - and not only will not allow a union rep to act as a witness, they will not allow ANYBODY from outside of the company to do this.

    So, I guess, I'm asking if they can justify the enforcement of the above?


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    #4
    gerrycollins
    Registered Users Posts: 1,799 ✭✭✭gerrycollins


    I personally dont reconise unions and have had nothing but bad experience with them and I was even a shop stewart in a past life.

    there is no law/rule that i know of regarding who can or cannot be in on a meeting however if a policy exists and you as an employee signed up to it then that wish of your employers had to be respected.

    on the issue of your work mates been intimidated the best thing to do is to get the notes of the meeting recorded live(as they happen) and get them read back to you and then all present sign the document. problem solved.


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