It seems that some managers have decided that union reps have to keep their lips buttoned during disciplinary hearings, perhaps only allowed to say a few words at the end. This is not true.

Section 37 of the Employment Relations Act 2004 states that a companion is permitted to address the hearing in order to:
• put the worker’s case;
• sum up that case;
• respond on the worker’s behalf to any view expressed at the hearing.

The only things the rep is not allowed to do are:
• answer questions on behalf of the worker;
• address the hearing, if the worker does not want the companion to do so;
or
• use his or her powers…. ‘in a way that prevents the employer from explaining his case or prevents any other person at the hearing from making his contribution to it’.