Workplace Disputes

Topic 4: Human Resources

Strategies in human resource management

Definition of Industrial Conflict

• A general term used to describe the broad areas of disagreement and difficulty between labor and management

Trend Falling. Why?

Industrial Action

• any action taken by a party in order to support its claims in relation to conditions of employment.

• Employee or employer!

• Examples?

What causes industrial conflict?

• Wages• Management Policy• Physical working conditions• Political goals & social issues• Hours of work• OH&S• Breach of conditions• Unfair dismissal

• Yes, during a bargaining period, if they don’t pose a threat to safety of others.

• Must be showing a genuine attempt to reach a settlement.

• Workers cannot be dismissed, lose benefits, be threatened have their job changed.

• Workers are not paid during a strike.

Is industrial action allowed?

Types of Action

• Overt• Strikes• Stop work meetings• Pickets• Lockouts (by Employers)• Work Bans• Work to Rule

• Covert• Absenteeism• Sabotage• Labour turnover• Exclusion from decision making

What is a grievance procedure?

• Formal and agreed procedures that an employer and his or her employees or representatives have agreed to follow to deal with or resolve workplace problems.

• may part of an award or agreement, or an internally developed procedure.

• Grievance procedures are based on the principle of natural justice and it is recognised as good business sense to have effective grievance procedures.

Dispute resolution process

Negotiation

Conciliation

Mediation

Arbitration

Collective bargaining

3rd Party

Fairwork Comission as mediator

Fairwork Comission as

Judge

What is dispute resolution?

• Dispute resolution refers to the processes by which disputes are brought to an end.

• This can occur through:• Negotiation, Mediation, Involvement of

courts and tribunals (Arbitration)

Negotiation

• a negotiated outcome, where the parties concerned sort out things themselves

Mediation

• a mediated outcome, where the parties use the services of an independent mediator to help them arrive at their own agreement.

Arbitration

• an arbitrated, where an independent arbitrator or court determines how the dispute is to be resolved and makes a binding decision or order to this effect.

Other workplace disputes

• Discrimination or harassment disputes are dealt with by the Human rights and Equal opportunity Commission or the NSW anti-discrimination board.

Common Law action• Common law is based

on precedents by judges not legislation by parliament.

• Duty of care• Actions causing

financial loss• Breach of contract• Ie. Football Coaches

Costs and benefits of industrial action

• Financial Costs• Personal Costs• Social Costs• Political Costs• International costs

Benefits of industrial conflict.

• Increases awareness of mngt. decisions.

• Better communication• Better work practices• Better wages and

conditions• Can you think of any

other benefits?