PRACTICAL TIPS FOR

EMPLOYERS IN RESOLVING

DISPUTES

Presented By:

Joanna Minchinton, Employment Relations Manager© June 2016

DISCLAIMER

The QHA has taken every available step to ensure the accuracy of

this presentation.

Whilst every effort has been made to ensure that the information

contained in this presentation is free from error and/or omissions,

no responsibility is accepted by the QHA, it’s employees or any

other person involved in the preparation of this presentation for any

claim which may arise from any person acting on information

contained herein.

The information in this presentation is provided as general advice

only. It does not constitute legal advice and it is always advisable to

seek further information regarding your own specific employment

relations issue.

SESSION CONTENT What is Conflict?

Understanding Conflict

Causes of Conflict

How to Manage and Prevent Conflict

CONFLICT DEFINED

Conflict is generally defined as a relational dispute between two or

more parties.

Conflict is a natural and normal part of any human interaction.

There is nothing unusual about conflict in itself. It is what we do

about it when it occurs which is important.

TYPES OF CONFLICT

Relationship Conflict is a conflict resulting from either personality

clashes or negative emotional interactions between two or more

people.

For example, an employee may have a conflict with their work

colleague because they keep a very tidy workspace and the other

employee is always messy. This irritates the employee and causes

tension between them.

TYPES OF CONFLICT

Values Conflict is caused by perceived or actual incompatible

belief systems. Values are beliefs that people use to give meaning

to their lives. Values explain what is "good" or "bad," "right" or

"wrong," "just" or "unjust."

Value disputes arise only when people attempt to force one set of

values on others or lay claim to exclusive value systems that do not

allow for divergent beliefs.

TYPES OF CONFLICT

Interest Conflict arises through competition over perceived

incompatible needs. Conflicts of interest result when one or more of

the parties believe that in order to satisfy his or her needs, the

needs and interests of an opponent must be sacrificed.

Interest-based conflict will commonly be expressed in positional

terms.

WHAT IS WORKPLACE

CONFLICT? Workplace conflict includes any type of conflict which takes place

within a workplace or among workers and/or managers, potentially

including conflict between employees out of work hours.

It is a broad concept that includes several types of conflict that are

normally treated separately, including employment conflict and

labour-management conflict.

Beyond those two subtypes, however, workplace conflict may not

involve the employer as a party; a workplace conflict may be

between two or more employees.

MORE THAN JUST A DISPUTE…

Conflict involves an ongoing situation unlike a dispute which is a

one-off incident.

If a dispute continues unresolved, it can cause a conflict situation.

This state of affairs, if left unresolved, can escalate quickly and

create a potentially dangerous workplace situation.

TWO BROAD CATEGORIES Workplace Conflict tends to fall into 2 broad categories:

1. Conflict between individuals involving:

- colleagues

- employees and their managers

2. Conflict between groups involving:

- teams

- large groups of employees and management

CONFLICT BETWEEN

INDIVIDUALSColleagues

This type of conflict may include:

- a clash of personalities,

- strong differences of opinion about work

- an overspill from personal issues outside of work.

Can often lead to accusations of bullying or harassment

CONFLICT BETWEEN

INDIVIDUALSEmployee and Manager

Generally arises when an employee feels that a manager has

made an decision that affects them unfairly, or where they believe

that the manager is treating them unfairly compared to others.

This type of conflict can be more difficult to identify as employees

may feel uncomfortable expressing their concerns to more senior

colleagues.

CONFLICT BETWEEN

GROUPSTeams

Conflict within teams or between teams can often take the form of:

- rivalry between colleagues

- disagreements about a team’s goals or shared values

- discontent that one team is not pulling its weight.

The way a team works can be quite complex. There are often

subtle balances between personalities and work responsibilities

that will need to be maintained.

CONFLICT BETWEEN

GROUPSGroups of Employees and Management

Often characterised by the classic ‘us v them’ mentality

May be aware of:

- general resentment or anger towards senior management

- poor morale and low levels of motivation

Conflict may become focused about specific workplace issues such

as health and safety, rates of pay, redundancies and inadequate

consultation

WHY DOES CONFLICT OCCUR

IN THE WORKPLACE? Conflict is an inherent part of the employment relationship.

Modern organisations are dynamic and complex, made up of

people with diverse backgrounds, opinions, values and

expectations about work.

Organisations are under increasing pressure to be productive and

deliver quality services to clients.

The organisational mix of people combined with continuous change

can lead to conflict in the workplace.

SIGNS OF CONFLICT

Obvious

- visible exchange between colleagues

- meeting between management and employee representatives

becomes a stand-off

Not so Obvious

- some individuals may hide their feelings as a way of coping with a

problem

- a team may react to pressure by cutting itself off from the rest of

the organisation

SYMPTOMS OF CONFLICT Motivation Drops – fewer employees volunteer for new tasks and/

or little employee involvement in team meetings

Behaviour Changes – fewer social events organised or employees

may make derogatory remarks about each other

Productivity Falls – reduction in the amount of work produced per

work hour. Likely to be more queries and complaints if people are

not cooperating

Absenteeism – increased stress in the workplace can lead to

higher absenteeism

Survey Results - Negative responses to formal staff questionnaires

ISSUES THAT CAN CAUSE

CONFLICT

Poor management

Unfair treatment

Unclear job titles / poorly defined job roles

Inadequate training

Poor communication

Poor work environment

Lack of equal opportunities

Bullying and harassment

WHAT FACTORS CAN INITIATE

CONFLICT?

Personalities

Changing needs and expectations

Breaching shared values

Leaving past problems unresolved

Increasing workloads / decreasing resources

PERSONALITIES Personalities can have a very strong influence in the workplace

The ‘personality mix’ within a team can be upset when a new staff

member commences

If individuals are upset or unhappy they are more likely to become

frustrated by the issues that can cause conflict

Individuals may also respond to difficult or challenging situations in

a stereotypical way. This can be the result of ‘learnt behaviour’

Learnt behaviour is often a mixture of the way a person has been

taught to behave, the behaviour a person has

copied from other people, or a strategy a

person adopts to cope with problems

CHANGING NEEDS AND

EXPECTATIONS Everyone has needs at work which often include:

- a flexible work routine

- safe and healthy working environment

- personal development and training

- fair pay

The way these needs are met often become our expectations for

the future

Conflict at work can be caused when employers ignore the needs

of employees and/or set unrealistic expectations

IGNORING SHARED VALUES In society we have shared values and many of these are

associated with the concept of ‘natural justice’

Natural justice refers to certain fundamental principles of justice to

act fairly.

Conflict often occurs when we neglect to:

- give someone a fair hearing

- explain the reasoning behind a decision

- be impartial

- hear an appeal against a decision

UNRESOLVED PROBLEMS

FROM THE PAST Unresolved problems from the past can make it difficult to

distinguish between:

- Demands: what an individual or group desires; and

- Interests: why an individual or group makes these demands

Causes of conflict can be linked to a desire to get back at each

other for past grievances

INCREASE IN WORKLOAD /

DECREASE IN RESOURCES Conflict can sometimes be caused when people believe they are

being worked too hard either because they’ve been given more

work to complete or because essential resources have become

unavailable to help complete their work.

Other triggers may be new:

- products

- organisational targets

- appraisal systems

- pay systems

Change can make people feel vulnerable and uncertain.

RESPONSES TO CONFLICT

RESPONSES TO CONFLICT Controlled by the Body’s Nervous System - physical body

changes include: faster heart beat, muscles tense, eyes dilate and

mucous membranes dry up. Then body goes into one of:

1. Fight – React in a challenging or aggressive way. Eg. shout or

issue directives;

2. Flight – Ignore conflict or refuse to engage and hope it will

resolve itself or go away; or

3. Freeze – Not sure how to react. Matters drift or become drawn

out through indecision.

BUT BY TAKING CONTROL WE CAN MOVE INTO

Flow – Approach the conflict in a calm and rational way with a

planned approach

How to Manage Conflict

DEVELOP A STRATEGY Develop a strategy for managing conflict in consultation with

managers, employees and representatives. This should cover:

1. How you will prevent conflict

2. How you will manage conflict

3. When and how you will seek outside help

4. When to refer matters to the FWC

MODES OF CONFLICT

MANAGEMENT

HIGH

LOW HIGH

COOPERATIVE (Concern for others)

THOMAS-KILMAN CONFLICT MODE INVENTORY (XiCom, 1974)

MANAGING CONFLICT

BETWEEN INDIVIDUALS1. Have a Quiet Word

In many disputes between individuals there is a clear transition

between an informal and formal stage of a conflict

2. Investigate Informally Don’t make quick decisions based on a gut feeling about what

is going on

3. Use Internal Procedures If an employee makes an official complaint/grievance to a

manager then the conflict has moved towards a formal stage

4. Upgrade Your Skills Having one-on-one conversations requires sensitivity and

empathy

MANAGING CONFLICT

BETWEEN GROUPS1. Improve Communication and Consultation with

Employees You may have to make difficult decisions about issues such as

pay, working practices and company rules and procedures

2. Form Representative Groups You may not have the opportunity to talk to every employee

individually

3. Dispute Resolution Procedures Some disputes can’t be resolved by conciliation through

working groups

WHAT IS MEDIATION? Mediation is where an impartial third party (ie. the mediator) helps

two or more people in dispute to attempt to reach an agreement.

Any agreement comes from those in dispute, not from the

mediator.

The mediator is not there to judge or to tell those involved in the

mediation what they should do.

The mediator is in charge of the process of seeking to resolve the

problem but not the outcome.

MODELS OF MEDIATION There are various models of mediation such as:

Settlement

Facilitative

Therapeutic (or Transformative)

Evaluative

Sometimes mediators will draw on one or more of these models.

However, a common model of mediation in the employment context

is Facilitative Mediation.

FACILITATIVE MEDIATION Facilitative Mediation - involves the mediator doing the following:

playing an active role to guide the process;

using joint problem solving approaches;

asking questions to identify interests and real issues of disagreement;

and

helping the parties to identify and evaluate options for resolution and

settlement.

The mediator does not suggest solutions but may float ideas.

WHEN IS MEDIATION

SUITABLE? Mediation can be used at any time when the working relationship

between two or more individuals has broken down.

Mediation is suitable for a range of workplace issues such as

communication breakdowns and working arrangements, provided

that the parties:

Are willing participants

Want the involvement of a mediator to assist

Want to maintain an ongoing relationship

Want to keep discussions confidential

Want to find innovative ways to resolve the dispute.

WHEN MEDIATION IS NOT

SUITABLE? Mediation is not suitable in the following situations:

Used as a first resort

Used by a manager to avoid managerial responsibilities

A decision about right or wrong is needed eg. possible disciplinary

matter or complaint of bullying or sexual harassment requiring

investigation

A party is particularly vulnerable

A party is forced to participate by other people involved in the dispute

One party has no genuine interest in reaching an agreement

The parties do not have the ability to settle the matter

MEDIATION PROCESS There are a number of distinct stages in the mediation process

which are variously described in the literature as a 3, 4 or even 5

stage process.

However, the essential elements remain the same and can be

broken down into the following parts:

Separate meeting

First contact with the parties

Joint Meeting

Hearing the Issues

Exploring the Issues

Building and Writing an Agreement

Closing the Mediation

1. Separate Meeting

First Contact with the Parties

This involves the mediator meeting with each party separately.

The aim of this first meeting is to allow each individual involved to

tell their story and find out what they want out of the process.

It’s also a good opportunity for the mediator to better understand

the subject matter and key issues in dispute.

2. Joint Meeting

Hearing the Issues

The mediator generally brings the participants together and invites

them to put their side of the story during a period of uninterrupted

time.

At this stage the mediator will begin to summarise the main areas

of agreement and disagreement and draw up an agenda with the

parties for the rest of the mediation.

2. Joint Meeting

Exploring the Issues

Having identified the issues to explore, the mediation is now about

encouraging communication between the parties, promoting

understanding and empathy and changing perceptions.

The aim of this part of the meeting is to begin to shift the focus from

the past to the future and begin to look for constructive solutions.

2. Joint Meeting

Building and Writing an Agreement

As the process develops, the mediator will encourage and support

joint problem-solving by the parties, ensure the solution and

agreements are workable and record any agreement reached.

2. Joint Meeting

Closing the Mediation

Once an agreement has been reached, the mediator will bring the

meeting to a close, provide a copy of the agreed statement to those

involved (or as soon as possible after the mediation) and explain

their responsibilities for its implementation.

In some cases no agreement is reached and other procedures may

later be used to resolve the conflict. A reminder that discussions

during the mediation are confidential.

PREVENTING FUTURE

CONFLICT1. Put Systems and Procedures in Place

Establish formal procedures (ie. for dispute resolution, grievance

and disciplinary issues)

Link Plans – link individual performance targets to the overall

business plan so that everyone feels involved

Listen – consultation is the key to involving employees in decision-

making

Reward fairly – pay and non-pay rewards

WHS – consider muscular-skeletal issues, stress, drugs/alcohol

PREVENTING FUTURE

CONFLICT2. Develop Relationships

Value employees – How would most employees describe the

culture of the organisation?

Treat fairly – ensure compliance with IR laws and natural justice

Encourage Initiative – consultation is the key to involving

employees in decision-making

Balance Personal and Business Needs – Would flexible working

patterns improve work-life balance for employees?

Develop New Skills – promote training and communication

PREVENTING FUTURE

CONFLICT3. Work Together

Build Trust - between employee representatives and management

Good relationships - add value to the organisation by allowing

parties to work effectively together to respond to future change

QUESTIONS

THANK YOU