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Question C
Describe how conflict between an employer and an employee could be resolved in a non-legislative manner.
Step 1
Answer
The first step in resolving conflict is for the employer and employee to meet and discuss the issues directly. This involves having a meeting where both parties can articulate their concerns and seek clarity on the situation. Assistance can be provided by the supervisor or the Human Resource Manager if required. The employee may seek help from a union representative, while the employer may consult with management or HR to clarify roles and responsibilities.
Step 2
Answer
In this step, both parties engage in a discussion to find a mutual solution to their dispute. They should be ready to make concessions and compromises, creating a collaborative environment aimed at resolving the conflict. A timetable for the resolution process should be established to ensure that both parties are aligned and committed to reaching an agreement.
Step 3
Answer
If the conflict cannot be resolved through negotiation, an independent third party may be involved in the process. This can take different forms:
Conciliation: A conciliator can facilitate discussions between the employer and employee, highlighting their respective concerns to help both sides come to an agreement.
Mediation: A mediator can provide recommendations and guide discussions but does not have the authority to impose a solution. The mediator's role is to help both parties explore their options and reach a voluntary agreement.
Arbitration: If the issue remains unresolved, arbitration may be considered, where an arbitrator makes a binding decision based on the evidence presented. Both parties must agree in advance on whether the arbitration outcome will be binding or non-binding.
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