Workplace Disputes

1. Workplace Disputes By Aidan, Lochie, Curtis.

2. Negotiation • Negotiation: Is a method of compromising disputes within a workplace. This easygoing approach usually avoids disputes becoming out-of-hand. Both parties normally come to an agreed compromise which can be held by an informal or formal agreement (contract). • It is beneficial for both parties of the dispute as it can increase their knowledge of the:- Company policy- Business' objectives- Workers' concerns- Issues related to change

3. Mediation • Mediation is the confidential discussion of issues in a non-threating environment, in the presence of a neutral, objective third party • Mediation has become increasingly popular in Australian because it is a alternative dispute resolution technique. • Mediation allows the parties to resolve their disputes without risking the deputes escalating and leading to expensive legal costs or industrial action

4. Grievance procedures • Grievance procedures are formal producers, generally written into an award or agreement, that state agreed processes to resolve disputes in the workplace. • Grievance producers are useful in reducing risk of an issues rapidly becoming a serious disputes. • Most businesses have established a formal process, now required in modern awards and other agreements, by which issues can be handled.

5. Grievance procedures • Effective grievance producers require a full description of the complaint to be made by the employee/s with the complaint. The person the grievance is made against should be given details of the allegation and an opportunity to provide their view. • The process may deal with individual or collective issues, and matters such as changes being implemented in the workplace that will affect or cause conflict between staff. It is a useful strategy for resolving issues before they escalate. • Fair Work Australia recommends that issues be quickly resolved, handled sensitively and professionally, and in a manner that is fair, so the employees have confidence in the process.

6. Grievance procedures

7. Involvement of courts and tribunals • Industrial disputes that escalate to the level of courts and tribunals are more likely to occur when disputes have passed their nominal expiry date, bargaining has commenced towards a new agreement, and negotiations have failed. Employees and employers then enter a period where industrial action may be protected until a new agreement is developed. • When a dispute has not been resolved through negotiation at the workplace, it may be referred to fair work Australia, who will appoint a conciliation member to hear both sides of the dispute. • Conciliation is a process where a third party is involved in helping two other parties reach an agreement.

8. Involvement of courts and tribunals • If conciliation fails the matter may be referred to arbitration, if it is in the award or agreement, or if the parties agree. • Arbitration is the process where a third party hears both sides of a dispute and makes a legally binding decision to resolve the dispute. • In this situation, a member or panel of member hears both sides of the dispute in a more formal, court like setting. A judgment, for exam[le an order, is handed down based on the merits of the evidence that become legally binding for both parties. • Common law action is open to any party involved in or affected by industrial action. Parties may make direct claims for damages caused by the parties taking the action, or for the breach of con

9. The End Thank You For Listening.