CALL 1800 658 525

Can I refuse to attend mediation?

If there is conflict in the workplace, your employer may decide to invite a mediator to assist to resolve and / or identify the issues that are causing the conflict. If you are involved in the conflict your employer may direct you to attend the mediation session and participate in the mediation.

In most cases this would be considered to be ‘reasonable management action’ from your employer, if there is a ‘genuine need to issue the direction’ and it is a ‘lawful and reasonable direction’. If this is the case then you must attend as directed or face disciplinary action from your employer.

However, there would be instances, depending upon the circumstances, the type of conflict and the issues involved, where an employers’ direction to ‘force you’ to attend mediation would be considered to be ‘unreasonable’. In this case, if your employer threatens you with disciplinary action for failing to attend the mediation you may be entitles to lodge an adverse action claim.