| Commentary

(b) Who can accompany?

| Commentary

(b)     Who can accompany?

The right is to be accompanied at the hearing by 'a single companion' who is chosen by the worker (ERA 1999 s 10(2)(a)). That person must be either a fellow worker ('another of the employer's workers', to use the terminology of the Act, wording which enables a dismissed former employee to be accompanied by a 'fellow' employee), or an employed official of a trade union, or a (lay) official of a trade union who has been reasonably certified in writing as having experience of, or as having received training in, acting as a worker's companion at disciplinary or grievance hearings (ERA s 10(3)).

There are obvious limitations in the prescription of who may be a companion.

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