Posted on: Oct 02, 2012

In a disciplinary investigation an employee has an absolute right to know exactly what allegations have been made against him or her but the employee has no absolute right to question the person who has made the allegations.

In McKellow v Transportation Auckland Corporation Ltd [2012] NZERA Auckland 191 the Employment Relations Authority said that an employee (a bus driver in that instance) had no right to question a person who had lodged a complaint against him. The Authority said the employee was entitled to know everything said about, or against, him and to have the opportunity to respond to it but did not generally have an entitlement to directly confront the complainant during a disciplinary inquiry unless a contractual term provided for such a procedure. It said it was the employer who must conduct a full and fair inquiry.



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