The Background
It’s a rare employer that doesn’t have to deal with at least one employment dispute from time to time. With such disputes on the rise, particularly as we near bonus season, now is a good time to reflect on the “temperature” of any disputes and to try to resolve or progress them.
The term “employment dispute” deserves some analysis. It could mean anything from an argument between co-workers, to litigation between an employer and an employee, to an industrial dispute between a collective of workers or trade union and an employer. Essentially, an “employment dispute” may be any contentious matter involving a concern raised by an employee or employees.
Unfortunately, there is no one magic formula that will eliminate disputes. They can arise in any context and each is likely to be different. But there are things employers can do to minimise the effects.
The Advice
Employment disputes are often deeply personal to the employee or employees involved. A person’s job may be their livelihood and may even form part of their core identity. When an employee’s job is put in jeopardy, or when something happens to affect their relationship with their employer, they may react very strongly. That reaction may not always be sensible or even, in some cases, rational.
For these reasons, the way in which you communicate with an employee about a dispute is critical. It’s important to ensure that the employee is getting the message that you are giving. There are a few ways to manage this issue.
Where possible, hold any significant meetings face to face. You will be able to gauge much better the reactions of the employee through their expressions and body language. It’s a much more personal approach and can help give them the message that you take the issue seriously.
Be aware of cultural differences. Some cultures prefer a direct approach and prioritise clarity and performance of tasks. Others prioritise the relationship and prefer an indirect approach. The wrong one may offend an employee and entrench their position or conversely, not get your point across.
Make sure you involve the right people. It’s important to consider the seniority and standing of the employee or employees. Similarly, it is important at the outset to consider the seriousness of the issue and whether there may be a conflict of interest.
Update the employee wherever possible. A dispute can escalate due to the reaction of an employee who believes nothing is being progressed. You may not always be able to tell them the results of the process, but it’s prudent to keep them up to date.
Keep good records of communications about the dispute. Where appropriate, follow up any key conversations with a note confirming what was said or agreed. You may also invite an independent third party, such as an HR representative, to meetings to take a note. You should be clear with the employee about whether they will have access to the notes or have a chance to make comments.
Where matters have become contentious, try to look objectively at the facts, and the steps that have been taken. In the event things go badly, you may need to explain your process to a judge. Consider how it would look from their perspective and whether you have kept adequate records to show your side.
The Approach
While you are required to adhere to applicable regulations and any internal policies that you may have, it’s important to be able to adapt your process to the circumstances of the dispute. There is no “one size fits all” approach.
Keep an open mind in relation to how you might resolve the dispute. Alternative dispute resolution techniques, such as mediation or simply having a direct “without prejudice” discussion, may be very effective. Providing an open forum in which the employee is able to set out their point of view can shorten the process considerably. In other cases, however, litigation may be the best approach.
It can also be useful to consider the goals of both parties to the dispute. It may be that what is most important to the employee is not incompatible with your goals as an employer.
Finally, don’t ignore a dispute. If left to fester, it may become a much bigger issue and may infect others in your workforce.
This article appeared in the Classified Post print edition as Take the time to settle work disputes smoothly.
