#commerce/y9/Employment

Methods of resolving disputes


Resolving disputes is a time consuming and expensive process.

  1. Grievance procedures
  2. Negotiation
  3. Mediation
  4. Conciliation and Arbitration

Grievance procedures


  • Grievance is when an employee thinks he or she has been treated in an unfair manner.
  • Grievance Procedures are a number of steps to resolve a dispute or problem.
  • The problem is generally resolved after discussions with parties involved.

Grievance procedure steps

  1. Write a formal letter or email
  2. Meet with your employer
  3. Gather evidence
  4. Make a decision
  5. Appeal the decision (optional)

Aim of grievance procedure

  • Address issues between employees and employers
  • Protect employees where possible
  • Provide an objective approach to conflict resolution
  • Reach fair resolutions to issues

Negotiation


  • Negotiation is where parties involved to discuss the issues to reach a compromise.
  • The aim is to reach an agreement that satisfies all parties and not to beat other parties.

Mediation


  • Mediation is a neutral party (mediator) that helps to negotiate an agreement in a dispute.
  • The mediator is to encourage all parties to examine the whole issue and not take any sides (free from bias) nor decide who is right or wrong.

Advantages of mediation

  • It makes both parties feel that they have achieved something for themselves, making sure that it is a win-win situation.
  • It is less expensive than going to a court.
  • It may help restore the relationship between parties.

Conciliation


  • This is similar to mediation, with suggested possible solutions.
  • The focus of conciliation is more on the relationship, and mediation is more on the result.

Arbitration


  • It is a legally binding decision made when parties cannot reach a resolution.
  • An independent party makes a final decision such that both the parties have to accept the decision.