Called to a Meeting? Know Your Rights.
Being asked to attend a workplace meeting about your conduct or performance can be stressful.
Asking for details of what the meeting is regarding is an important first step. Be very cautious if the response is vague. If it is not about performance or disciplinary matters then get that confirmed in writing.
Why Procedural Fairness Matters
Schools must apply procedural fairness during any disciplinary or performance process. This is a legal and ethical requirement under most Enterprise Agreements (EA’s) and underpins fair treatment in the workplace. Procedural fairness (also known as “natural justice”) means that any decision affecting your employment must be made fairly and transparently, and means that:
- You are told what the case is against you.
- You have time to prepare and opportunity to respond.
- You can bring a representative/support person to any meeting.
- The process is free from bias.
- Decisions are based on sound and relevant evidence.
If a fair process is not followed, any resulting action (such as warnings or termination) may be legally challenged, including through grievance or dispute resolution procedures, or should the worse happen, unfair dismissal or general protections claims.
Support vs Representation: Know the Difference
You have the right to bring someone with you to any meeting – but insist on an IEU representative; not just a support person.
- A support person may offer emotional support and take notes but cannot speak on your behalf.
- An IEU representative can advocate for you, raise concerns, help prepare your response and hold the employer accountable to fair process.
Principles of Procedural Fairness
The Right to Know the Case
You must be informed of the specific allegations or concerns against you, including any evidence the employer intends to rely on.
Tip: If information is vague or lacking, the IEU can request further detail on your behalf.
The Right to Respond
You must be given a real opportunity to respond before any decisions are made. This includes:
- Time to review allegations and evidence
- A chance to submit your own evidence
- Identifying witnesses or relevant context
Tip: If the timeframe to respond is too short, the IEU can request an extension, so that your response is meaningful.
The Right to an Unbiased Decision-Maker
The person conducting the investigation or making decisions must not have a conflict of interest, prejudge the matter or be influenced by irrelevant factors.
Tip: The IEU can make representations about who the decision maker should be.
The Right to a Decision Based on Evidence (The ‘No Evidence’ Rule)
The outcome must be based on relevant, logical evidence – not assumptions, hearsay or personal opinions.
Tip: The IEU can challenge decisions where evidence is lacking, or irrelevant considerations have influenced the outcome.
Your 5-Step Member Checklist
- Contact the IEU
As soon as you’re notified of a meeting or investigation, contact us for advice and representation: (08) 8410 0122 | enquiries@ieusa.org.au - Request union representation
Ask the school to postpone any meeting until your IEU representative can attend. You are entitled to representation — not just a support person.
- Ask for all allegations and evidence in writing
Ensure the employer provides clear written details of the concerns or allegations and any documents or evidence they are relying on.
- Write a chronology and gather relevant documents
Prepare a timeline of relevant events and collect any emails, notes, or other documents that support your position. Send these to the IEU via email as soon as possible so we can review and assist with your case.
- Take time to prepare your response with union support
Don’t rush. With our guidance, you can respond effectively and assert your rights. If necessary, we’ll request more time on your behalf.
REMEMBER
Don’t go it alone.
Don’t delay.
Contact us early – we’re here to help ensure a fair and just process.
IEUSA — Because fairness at work matters.
Why Join the IEU?
| Stage | IEU Member | Non-Member |
| Initial Contact | Can immediately contact the IEU for advice, guidance, and representation. | Is not eligible for assistance. If joining after the issue may only receive very limited advice. |
| Representation at Meeting | Entitled to be accompanied by an experienced union officer who can speak on their behalf, advocate for fairness, and hold the employer to process. | Must attend alone or with a support person who cannot speak or advocate on their behalf. No trained industrial support. |
| Understanding the Allegations | IEU can write to the employer to request more detail, ensure all evidence is disclosed, and challenge vague or missing information. | Must request documents and clarification alone, often without knowing what to ask for. |
| Preparing a Response | Receives help drafting a written response, preparing evidence, identifying key witnesses, and strategising. | Must prepare a response without industrial or legal expertise. Risk of overlooking key arguments or evidence. |
| Procedural Fairness Oversight | IEU ensures the employer follows correct procedures (notice, representation, timeframes, neutrality, evidence). Will challenge unfairness if it occurs. | Must rely on employer to act fairly. If the process is flawed, they may not know how to respond or challenge it effectively. |
| Follow-up Action | If there is an unfair outcome, the IEU may lodge a grievance, dispute, unfair dismissal, or general protections claim on the member’s behalf. | Non-members must seek (and pay for) legal advice or representation themselves. Delays and high costs are common. |
| Cost | Covered by union membership. No extra fees for representation or advocacy. | Must fund their own legal advice or representation, often at considerable personal cost. |
