What to do when requested to attend an employment meeting

• Find out information about the meeting beforehand.
• Bring a support person if possible.
• Make a file note as soon as possible after the meeting.

Can I seek advice?

Yes. You can seek advice from Avant or another representative such as the AMA or your union, even if you are told the matter is confidential and you should not speak with anyone about it.

If the matter may have criminal or other serious consequences for you (for example, medical registration issues), you should seek advice before answering any questions.

Even if you do not plan on asking us to attend a meeting as your support person, it is generally preferable to speak to us before a meeting has taken place rather than afterwards.

In most cases yes. Your employer can ask you to attend a meeting to discuss matters related to your employment. If you do not agree to attend, your employer can direct you to attend and you could be subject to disciplinary action if you do not comply.

Ask to postpone if you can’t attend at the proposed time or if you don’t have time to prepare. If you are still required to attend, you should do but should simply listen to the matters discussed during the meeting and respond later and possibly in writing.

You should request the following information:

• What the meeting is about.
• Who will be present.
• Where and when it will be held.
• Whether you can bring a support person (see below for further information).
• Whether there are any relevant documents, and if so, ask for copies.

What is the meeting about?

If you have been asked to attend a meeting to discuss your employment, it will generally involve one of the following:

• Suspension of your employment or restrictions on your employment.
• A serious concern or allegation.
• A minor concern or allegation.
• A discussion about your health or wellbeing.

If you are not told the purpose of the meeting, it’s reasonable to ask for clarification before attending. You might say:

“I’d appreciate understanding the purpose of the meeting so I can prepare appropriately and ensure I have the right support person present.”

If your employer still does not provide details, take a cautious approach. Do not attend alone and seek advice early.

Should I answer questions?

Your employer must give you a reasonable opportunity to respond to concerns before making any decision about your employment. 

If you don’t know the reason for the meeting and it ends up being about:

• a serious concern or allegation about your performance, conduct or health (particularly if there may be criminal issues); and / or
• the suspension of your employment or restrictions on your employment.

It's not reasonable for your employer to expect you to respond on the spot.

Your employer should give you a proper opportunity to consider your response.  You can say:

“I’d like to understand the concerns in writing so I can review the relevant documents and provide a considered response.”

If the meeting is about a minor concern or minor allegation, it is reasonable for your employer to ask you to respond and you can do so succinctly from your direct knowledge  If you are not comfortable doing this, you can always ask to provide a response once you have had a chance to reflect on the issues.

How should I respond to questions during the meeting?

Listen carefully to the question and only answer the question that has been asked. Do not volunteer information.

Keep your answers short and concise (for example, say “yes” or “no” and go no further).

Answer the question that is asked.  For example, if the question is “What did you have for breakfast”, your answer should be “I had vegemite on toast” rather than “I had vegemite on toast, but usually I would have cereal.  I couldn’t have cereal this morning because we were out of milk.”

Never guess an answer. If you don’t know the answer, say you don’t know. If you can’t remember, say that you can’t remember. If there is something that might help you to remember (for example, referring to your diary about the date of a relevant meeting), you can say so. If you don’t understand the question, ask for it to be repeated or rephrased.

If you think there is a document relevant to what you are being asked (for example, time sheets, clinical records, appointment diaries), request a copy of it. Don’t answer the question without first reviewing the document. If you need to review a patient’s record to refresh your memory about why you made a clinical decision, then request the time and opportunity to do so – somewhere quiet without interruption or pressure.

If you give a response about something you did not hear or see directly, you should make that clear (for example, Dr Smith told me that …). Do not speculate (for example, “he may have done that because …”).

Try not to mention any legal advice you’ve received from Avant or another representative body such as your college.  If you do, you could lose “legal privilege”, which means your discussions with your lawyer would no longer be confidential and might have to be shared.

If you think it’s important to refer to legal advice to protect yourself, please seek guidance first so we can advise you on the best way to do this without losing confidentiality.

Can the meeting be recorded?

Recording rules differ in each state and territory.

• Assume meetings are being recorded and taken care with what you say.
• If your employer records the meeting, as for a copy of the transcript if available.
• Do not record the meeting yourself without seeking advice first.

Can I have a support person at the meeting?

Generally, yes.  Your support person is there to support you, not to represent or speak for you.  You can consult them during the meeting and ask them to take notes.  Request a break if you want to speak privately.

Check the relevant award, agreement or policy as there may be limits on who can act as your support person. For example, sometimes only co-workers can be a support person. The aim of most employment meetings is to resolve an issue that has arisen so that the parties can continue their employment relationship. Having lawyers present at the meeting can unnecessarily escalate issues.

Generally, you have no right to a specific support person. If your chosen support person isn’t available, your employer can ask you to bring another.

What other matters should I consider during the meeting?

• Stay calm. Request a break if needed.
• Take notes if you wish.
• Ask about the process (next steps, timing, outcomes).
• Make reasonable concessions if appropriate.
• If you are unsure whether to answer a question, say you will respond later in writing after reflecting.

It is normal to feel frustrated. Focus on listening and responding appropriately.  Employers do have the right to obtain information from their employees, and being overly defensive may harm your interests. 

As soon as possible after the meeting, make a note of the issues discussed. Follow up on anything you promised to address (for example, you may have promised a further response once you have reviewed relevant records).

You can ask for a copy of the notes taken by the interviewer during the meeting, however your employer is not required to provide them. If you are given a copy, you may review them and amend where you think they are inaccurate. You can ask what information, if any, will be placed on your personnel file. You can provide a written response to issues discussed during the meeting and ask for it to be placed on your personnel file.

Where can I get advice or support?

As an Avant member, you can access our ongoing support if you are undergoing a disciplinary process or other matter (subject to the terms, conditions and exclusions in your policy). It is important to realise the stress such an event may generate and to have good support systems in place.

Links to a range of support services can be found on Avant’s website under Health and Wellbeing.

For medico-legal advice, please contact us here, or call 1800 128 268, 24/7 in emergencies.