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Workplace Disputes

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.

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Workplace Disputes

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  1. Workplace Disputes Topic 4: Human Resources Strategies in human resource management

  2. Definition of Industrial Conflict • A general term used to describe the broad areas of disagreement and difficulty between labor and management

  3. Trend  Falling. Why?

  4. Industrial Action • any action taken by a party in order to support its claims in relation to conditions of employment. • Employee or employer! • Examples?

  5. What causes industrial conflict? • Wages • Management Policy • Physical working conditions • Political goals & social issues • Hours of work • OH&S • Breach of conditions • Unfair dismissal

  6. Is industrial action allowed? • 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.

  7. Overt Strikes Stop work meetings Pickets Lockouts (by Employers) Work Bans Work to Rule Covert Absenteeism Sabotage Labour turnover Exclusion from decision making Types of Action

  8. 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.

  9. Dispute resolution process Negotiation Mediation Collective bargaining 3rd Party Conciliation Arbitration FairworkComissionas mediator FairworkComissionas Judge

  10. 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)

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

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

  13. 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.

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

  15. 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

  16. Costs and benefits of industrial action • Financial Costs • Personal Costs • Social Costs • Political Costs • International costs

  17. 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?

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