Conflict Of Interest Between Employer And Workman Essay

The employees and management were the primary stakeholders in the dispute and hence were most affected, but they were not the only stakeholders who had a role in it. The Trade Unions (Australian Manufacturing Workers Union and Australian Workers Union), Federal Court and AIRC also had various functions in the dispute

“negotiation about working conditions and terms and conditions of employment between an employer, a group of employers or one or more employer’s organisations, on the one hand, and one or more representative worker’s organisations on the other, with a view to reaching an agreement” (Farnham and Pimlott 1995).

Legislation relating to employment exists to stop exploitation of workers by their employers mainly to protect the rights of their employee’s and to make sure that they have everything they need such as.

There has always been a need for conflict resolution on the job. The grievance and arbitration process is one way for employees to be heard when conflict on the job arises. The grievance and arbitration process is also a way for employees to obtain some type of satisfaction at the end of the grievance process. Having representation by the union often guarantees an employee a fair, just, and timely grievance process. However, not all employees feel that way when they are not a represented the union. The grievance process can mean different things to each individual employee and usually no two complaints are normally about the same type of issue.

I feel the labor relations system as currently constituted is effective for resolving disputes as long as both parties are committed to negotiating in good faith. Although, I feel the current system is effective a further explanation of the systems strengths and weaknesses will better explain the effectiveness of resolving disputes. It is in both the companies and the labor interest to negotiate with as little third party interaction to come up with an agreement. In times when there are disputes their different course of action that start from a least costly without giving up power in the decision to the possibility of becoming more costly to either party and give up the power in the decision. As discussed in the text when an organization and labor cannot come up with an agreement a third party may be asked to come in to negotiations to resolve a dispute which includes mediation, fact-finding, and interest arbitration.

83/1992 s.4 conciliation, mediation and arbitration with the minimum of legal form and technicality; (i) to provide for the observance and enforcement of dispute

Despite the harmonious nature of Japanese people, there are still conflicts that cannot be resolved within the enterprise union and the firm. Most of these unresolved conflicts occur because many firms are conducting restructuring and retrenchment during this period of economic uncertainty. When these conflicts happen, they can approach the local government mediation body to help conciliate and make a decision. Most decisions made are generally accepted; however, should the conflicts still exist, they can opt for arbitration in the Labour Tribunal System, or legislation in court. For arbitration, the judges involved are tripartite in nature: 1 professional judge, 1 union representative and 1 employer representative. All 3 judges must have professional knowledge and experience in labour issues, and there are no more than 3 hearings, verdict based on majority. If the verdict is rejected by either party, they may proceed to legislation (Elbo 2004).

Mediation is a very potent option that is considerable in organizations which is utilized for disputes. Essentially, the process is very private, relaxed in setting,unpretentious, and optional. In general, a neutral mediator facilitates communication between those in dispute to assist them in developing mutually acceptable agreements to improve their future working relationship (“Mediation of Workplace”, n.d.). Mediation can be effective in both union and non-union settings and at all levels of the organization (“Mediation of Workplace”, n.d.).

However, it can hear almost every employment law matter since its jurisdiction increased. Before 1994, Employment Tribunals could only hear statutory claims while after the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994, Employment Tribunals' role has drastically changed that they can now hear common law claims(Richard Kinder,1999). But there are some law matters of common law they cannot cope with like matters relating to moral tights and copyright, patents, designs rights, trade marks; breach of restraint of trade covenants; breach of confidence; breach of a contract terms requiring the employer to provide for the employee; personnel injury claims. From this regard, certain employment matters still have to be tackled in the civil courts.

A labor union is a group containing workers who come together and organize an organization to champion their interests in the labor market. The union so formed negotiates for better working conditions, increased job security, safer working conditions, better remuneration and compensation perks (Carver, 2011). In this regard, negotiations play a very important role in coming up with collective bargaining agreements, thus a negotiation process to articulate the interests of employees as represented by their union and employers. The union representatives and employers’ representatives need to have the full mandate of the parties they represent and be willing to participate in the collective bargaining negotiation process in order to ensure that the interests of the parties they represent are well captured and enumerated in the final collective bargaining agreement (Carrell & Heavrin, 2004).

Labor unions represent workers interests and the collective bargaining process provides a way to manage the conflict (Noe,

Nevertheless, certain categories of ADR have been named and understood to involve the use of particular means and methods to produce the desired end result. These procedures include: negotiation, mediation, arbitration, med-arb, early neutral evaluation, settlement conference and conciliation to name a few. However this essay will concentrate on mediation as a form of alternative dispute resolution.

The World Trade Organization (“WTO”) Dispute Settlement System and the International Centre for the Settlement of Investment Disputes (“ICSID”) are two of the most widely used methods of international dispute settlement.

Occasionally disagreements do occur, and in these cases the union may decide to take industrial action. If the problem cannot be resolved amicably, the matter may go to an industrial tribunal. The purpose of industrial tribunals is to make sure that employee and employers conform to employment laws. They are made up of people outside the workplace who make a judgment about the case, based on the employees and employers point of view. Cases that go to industrial tribunals are usually about pay, unfair dismissal, redundancy or discrimination at work. The Advisory, Conciliation and Arbitration Service (ACAS) is often used to help find a solution to a dispute, which is acceptable to both sides. Its duty under the Employment Protection Act is to promote the improvement of industrial relations and in particular to encourage the extension of collective bargaining and also to develop collective bargaining machinery (Mclean, 2007). Its main functions are: advisory work, collective conciliation, individual conciliation, arbitration, and extended investigation into industrial relations problems.

Industrial relations have become a complex problem of modern society. In order to have industrial progression and a better economy, it will be impossible to obtain without the cooperation of all workers coming together to foster a good and harmonious relationship. Therefore, it is the interest of all people to create and maintain a good relationship between employees and employers, which in the 1950s, the Dunlop’s model was formed and used as a guide to creating and fostering the good relationships in the industrial society for a better economy in the country.