Workplace Disputes And The Workplace Dispute

Although many of us go great lengths to avoid it, sometimes it is just inevitable. People in the workplace setting will always have different ideas, values, and attitudes than others around them. A conflict can arouse in any given setting, and the affect it can have on those involved can either be negative or positive. Depending on the approach and strategies utilized during and after a conflict will determine the result of the conflict. Conflict helps people recognize legitimate differences within an organization or profession and serves as a powerful motivator to improve performance and effectiveness, as well as satisfaction (CCN, 2017). This paper will identify and explore a particular recurring conflict in the

“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).

Collective bargaining, as its name implies, is achieved when two or more parties come together to make a decision about something. Specifically, it is achieved when employers and a group of employees work together to decide important terms and conditions regarding employment. These terms and conditions include compensation as well as rights and responsibilities of employees, employers, and unions. They can also include guidelines for resolving problems such as grievances and disputes (Budd, 2010, p. 13).

Disputes between individuals can be resolved through mediation, tribunals and courts are sought depending on the complexity and nature of the dispute. Their effectiveness in achieving justice for and between individuals to varying extents will be assessed by their ability to uphold notions of fairness, equality, access, timeliness, enforceability and resource efficiency.

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.

More companies are turning to alternate dispute resolution (ADR) as an alterative to the judicial system for settling employee disputes. There are some clear advantages and disadvantages to ADR for both employers and employees. The best-designed ADR programs are those that are fair and impartial. A good ADR program should seek to find the best possible outcome for both parties while saving time and money and preserving relationships. The least effective ADR programs tend to be unfair and perpetuate the imbalance and bargaining power discrepancy frequently found in employer-employee relationships.

Facts of the case: Imagine you are an HR manager and your boss and owner of the company, Bill, comes to you suspecting his assistant, Paige, is stealing money from the company. Bill would like a polygraph test conducted to see if Paige is stealing from the company. He would also like you to conduct electronic surveillance on Paige’s work e-mail for anything suspicious.

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).

In this assignment, the issue we will deal with is interpersonal conflict within the workplace. We will be required to take on the role of the human resource manager in order to resolve conflict. Moreover, three of the most critical problem statements will be formulated and looked at in depth. Every phase is of underlining importance, as each phase

After the abolition of slavery, the resentment which former slaves felt at their exploitation and the low wages plantation managers were prepared to pay, (which were below what a family could live on), turned the former plantation workers against work in agriculture. This refusal to continue to work on the plantations became, in an industrial relations context, the first "withdrawal of labour" or strike action. Eaton (2002) purports that the industrial relations response by the state, which was coeval with the mercantile class, co-operated in defeating the workers' protest action by

M. Marchington & A. Wilkinson, 2008, Human Resource Management at Work 4th Edition, London, CIPD

Human Resource Management, i.e., the unitarist approach in employee relations is referred as a rather integrated and harmonised system because the dimensional of employee relations focuses on the more integrated and strategic frameworks which focus on shared workplace interests and employee commitment. This approach is a popular one because “the unitarist perspective is one of the key employee frameworks in human resource management. In the unitarist framework, there is a singular source of authority within the organization” (Abbott, 2006, p. 191). This approach cites; has the responsibility of management to control and oversee conflicts thus making it an approach which calculates the conflicts; which tend to rise from lack of

Managing the Human Resource Environment is a crucial tool, which encompasses of compliance issues, companies objectives and the work environment. Here,

The law essentially provided for the registration of trade unions, outlining certain requirements about their rules, trusteeship, accounts, amalgamation, dissolution and the filing of annual financial statements to a Registrar. The law however, unlike its counterpart British law at the time, did not give the right to “peaceful picketing or the common law disability of action in tort whereby trade unions could be sued for damages in consequence of strike action was not removed by the Trade Union Law in Jamaica.”  Conventional wisdom even at that time is that this omission was not accidental, and the expressions by the then Governor of Jamaica on that occasion were the Jamaican workers were not ready for trade unionism, acted as confirmation. (Henry 1982).