Were You Denied a Support Person at Your Termination Meeting? That Could Make Your Dismissal Unfair

If you were dismissed after a meeting where no one else was present, you’re not alone. But what many employees don’t realise is that being denied the right to a support person can be one of the factors the Fair Work Commission considers when deciding if your dismissal was unfair.

Under the Fair Work Act, an employer must not unreasonably refuse your request to have a support person present during a discussion about dismissal. This doesn’t mean they have to offer you one — but if you asked and they said no without a good reason, it could weigh against them later.

A support person can be a colleague, union rep, or even a friend. Their role isn’t to argue on your behalf, but to provide emotional support and be a witness to the process.

In real unfair dismissal cases, the Commission has criticised employers for rushing dismissal meetings without allowing time to organise a support person. Even worse, some employers deliberately avoid saying what the meeting is about — catching employees off guard.

What can you do if this happened to you?

• If you weren’t told the meeting was about termination, or weren’t given time to bring someone with you, this could support your claim.

• If you asked for a support person and the request was refused, that’s even more serious.

• These process failures don’t have to be the only reason your dismissal was unfair — but they can tip the scales in your favour.

Unfair dismissal isn’t just about the reason. It’s also about how the process was handled. If it wasn’t fair, the dismissal might not be either.