Workplace conflict management



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Please read the facts and relevant Policy documents which I will upload.
Once you have read the relevant facts and polices your assessment task is to prepare a report for the Company,
which should include:
1. An outline of the relevant issues.
2. The possible processes that might by employed to resolve those issues. This should include interest
based processes, and rights based processes. This also may include processes external to the
Company’s internal Policy and Procedures.
3. The risks and benefits that the company will need to consider in choosing the process/es it will apply to
resolve the issues.
4. Your recommendations as to which process or processes the company should employ to resolve the issue
and why you are making that recommendation.
5. Your report will also include a ‘Discussion’ (500 words) on whether the company should consider
implementing a policy and procedure on the use of ‘social media’ and what might be included in such a
policy and procedure. Your work must be supported by reference to relevant legislation or authorities.

Please read the facts and relevant Policy documents which I will send.

Once you have read the relevant facts and polices your assessment task is to prepare a report for the Company,
which should include:
1. An outline of the relevant issues.
2. The possible processes that might by employed to resolve those issues. This should include interest
based processes, and rights based processes. This also may include processes external to the
Company’s internal Policy and Procedures.
3. The risks and benefits that the company will need to consider in choosing the process/es it will apply to
resolve the issues.
4. Your recommendations as to which process or processes the company should employ to resolve the issue
and why you are making that recommendation.
5. Your report will also include a ‘Discussion’ (500 words) on whether the company should consider
implementing a policy and procedure on the use of ‘social media’ and what might be included in such a
policy and procedure. Your work must be supported by reference to relevant legislation or authorities.

1.         POLICY

Sledge Harbour Marine recognises that there is always the potential for differences to arise at the workplace. In most instances the different views people hold will be reconciled by discussion. However, in some cases differences about an issue are not resolved and tensions rise to the point where the people involved are in conflict. The unresolved conflict then leads to breakdown in the work relationships, diminished morale and work ineffectiveness.

Sledge Harbour Marine takes the view that wherever possible attempts should be made to resolve grievances locally and informally without the need for formal management. It is only when informal processes are unsuccessful or inappropriate that a formal grievance should be able to be lodged. In providing for a formal system of resolving grievances, Sledge Harbour Marine is committed to ensuring that all grievances are dealt with in a fair and impartial manner.

2.         PROCEDURE

Informal Resolution

Where a work issue arises between staff they are encouraged to try to resolve the matter informally between them.

Where a staff member feels they cannot resolve the issue with the other person/s concerned, the staff member should raise their concern with the other person’s supervisor/manager. The supervisor/managers responsibility then includes:

  • advising the aggrieved employee of the principles and procedures contained in this P&P;
  • making any necessary enquires to ascertain the facts of the matter;
  • encouraging, supporting and assisting the employee to attempt to resolve the matter informally by communicating the nature and details of the difficulty to the other employee(s) concerned;
  • ensuring the affected employees understand the principles of natural justice;
  • providing guidance and clarification with respect to operational issues that may relate to the issues being raised;
  • advising the staff member of formal procedures for lodging grievances should informal resolution fail.

When can a formal grievance be lodged?

A formal grievance may be lodged by an employee under this P&P if:

  • an administrative decision which adversely affects them is unfair or unreasonable; or
  • the conduct of an employee, agent or contractor of Sledge Harbour Marine which adversely affects them is unfair or unreasonable; or
  • the behaviour of an employee, whether by action or inaction, constitutes sexual harassment or workplace harassment.

A grievance may not be lodged under this policy:

  • by an employee unless that employee has made reasonable endeavours to resolve the matter informally, or in the alternative Sledge Harbour Marine Manager determines that informal resolution is not reasonable or appropriate; or
  • about a matter that is the subject of another dispute resolution process; or
  • about a decision to discipline an employee.

How to lodge a Grievance

A grievance must be lodged in written form (See Attachment “A”), and specify the following:

  • whether the employee attempted to resolve the matter informally, or if not why that didn’t happen;
  • the grounds for the employee lodging the grievance – eg workplace harassment.

Unless the grievance relates to the Sledge Harbour Marine Manager, a grievance can only be lodged directly with the Manager of the Company.

A grievance about an administrative decision (other than a decision or determination in relation to the resolution of a grievance) or conduct of the Sledge Harbour Marine Manager may be lodged in writing with the Chair of the Board of The Company.

Mediation

Sledge Harbour Marine Manager may, with the agreement of the parties and within two working days of receiving the grievance, initiate mediation between the parties. Unless otherwise agreed between the parties, the mediation must be completed within 14 calendar days of commencement of the mediation process.

In considering whether mediation is an option for resolving a grievance, the Manager must take into account the following considerations:

  • whether there is a reasonable apprehension of the parties not acting in good faith at the mediation; or
  • whether the parties voluntarily consent to go to mediation; or
  • whether there is a power imbalance between the parties that cannot be offset by the presence of the mediator; or
  • whether there is evidence that the process would cause unreasonable psychological stress to a party.

Where:

  • the Sledge Harbour Marine Manager determines that mediation is not an appropriate process; or
  • mediation fails to resolve the grievance; or
  • the parties to a grievance decline to mediate

the Sledge Harbour Marine Manager is promptly to engage the services of an independent investigator to investigate the grievance.

 

Investigation

Where the Sledge Harbour Marine Manager appoints an investigator, upon completion of the investigation the investigator shall prepare a report for submission to the Sledge Harbour Marine Manager setting out:

  • Terms of the investigation;
  • The investigation process;
  • The findings of the investigation;
  • (Recommendations may include, but are not necessarily limited to, training, counselling, disciplinary action, or revision of work procedures and/or structures).

If the Investigation Report contains adverse findings or recommendations that affect the complainant or the respondent, prior to making a decision on the investigation report, and before the expiration of 7 days from the date of receiving the Report,  Sledge Harbour Marine Manager must give the person/s adversely affected a written copy of the findings and recommendations of the investigator. The person receiving the adverse findings or recommendations has 7 days from receipt within which to make written submissions to the Manager about the adverse findings.

After considering the findings, recommendations and any comments on the same, the Manager shall make a decision on the investigation.

Other Relevant Issues in the Grievance Process

Work to continue

Unless otherwise provided by law, while the grievance procedure is being followed, normal work must continue  unless –

  • there is a substantial risk to the persons involved or The Company; or
  • unless otherwise agreed.

Representation

An employee of Sledge Harbour Marine involved in a grievance may consult with, or be represented by, their Union representative.

If an employee is not a member of a union, the employee may have a support person present during any interviews or meetings conducted during a mediation or investigation process. A support person is not to act as advocate.

A party to a grievance may not be represented by a lawyer, other than a lawyer who is an employee of an industrial association or an employee of The Company.

Confidentiality

The existence of a grievance and the content of the grievance are strictly confidentialexcept for employees with a formal role in the investigation or resolution of a grievance, or in any subsequent disciplinary process.  Any person with direct or indirect knowledge of the matter is not to discuss the matter with any other person, unless given formal authority to do so.

 

3.         DEFINITIONS AND KEY WORDS

“Administrative decision” is a decision made by Sledge Harbour Marine in relation to the administration of its affairs  and includes the failure to make a decision.

“Sledge Harbour Marine employee”  means a  permanent, temporary and casual employees employed under a ‘contract of services’.

“Independent investigator” means a person from within or without Sledge Harbour Marine who has no conflict of interests in the matter the subject of the investigation and is acceptable to the parties.

“Mediation” means the process by which disputing parties, together with the assistance of an acceptable, impartial and neutral third party who has no authoritative decision-making power, systematically isolate disputed issues in order to develop options, consider alternatives, and reach a consensual settlement that will accommodate their needs.

“Sexual harassment” has the meaning given to it by section 119 of the Anti-Discrimination Act 1991.

“Workplace harassment” is defined in the Workplace Harassment P&P.

4.         ACTION ON NON-COMPLIANCE

An employee who –

  • breaches the confidentiality provisions of this P&P,

Or

  • acts in reprisal against another employee, contractor or agent for lodging a grievance, or from responding to an issue raised by another employee,

will be subject to disciplinary action which may include termination of employment.

 

5.         RELATED DOCUMENTS

Prevention And Management Of Workplace Harassment

 

 

ATTACHMENT “A”

 

 

 

Sledge Harbour Marine Pty Ltd  (The Company):GRIEVANCE FORM
TO BE COMPLETED BY THE EMPLOYEE

 

Name: Position: Location: Supervisor:

 

I understand that prior to filing a formal grievance, an attempt should be made to resolve the matter informally with the other party/ies.

q   I did attempt to resolve the matter informally.

qI did not attempt to resolve the matter informally, because _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Please state your grievance below: (continue on a separate sheet if necessary)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Signed:   Date:  
Date received by Manager:  

 



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