How to resolve a dispute in the workplace?
Resolution within the workplace The employee and their manager must first try to resolve the dispute through discussion. If this is unsuccessful, then senior management discusses the matter with the employee to try and resolve the dispute. This could involve one or more escalations to senior managers, depending on the structure of the business.
When do disputes between employees and business owners occur?
Disputes between employees or a direct disagreement between an employee and business owner are situations that can occur frequently. An effective way of managing conflict is vital to the continued health of your company.
What happens when conflict occurs outside the workplace?
The problem here is that when conflict occurs outside the workplace it can lead to issues arising within the workplace. Conflict can impact productivity, communication, can lead to a negative culture within the organisation and it can have an adverse impact on the long-term working relationship of the disputing parties.
How does an employer refer a dispute to the Fair Work Commission?
An employee, the employer or their representatives may refer the dispute to the Fair Work Commission after all appropriate steps have been taken within the workplace. The Fair Work Commission can deal with a dispute through conciliation, mediation or, if agreed by the parties, arbitration.
How to deal with employees who have a conflict outside of work?
Try encouraging them to engage in mediation with each other to resolve the underlying issues. Communication is key; often communication will resolve any differences. Moving forward, if their performance is adversely affected then advise them that it may become a disciplinary issue.
What happens if you ignore an employee dispute?
Unfortunately, some situations won’t work themselves out on their own and you’ll be forced to step in. If ignored, employee disputes can infect the entire workplace and eventually taint the reputation of your company. Other employees may find themselves unintentionally drawn into the conflict.
Why do you need an attorney for an employment dispute?
Most attorneys representing employees do so because they understand that non-unionized employees are relatively powerless against employers. While you may be caught up in a serious employment dispute only once or twice in your lifetime, some larger employers and their attorneys handle many employment disputes every single day.
How does an employer defend itself against claims?
Usually, the employer is very experienced at documenting poor performance to defend itself against claims. However, by documenting events in a way that refutes the reasons for the adverse action, the employer may back off.