Resolving Conflict at Work: Improving productivity through better approaches to our informal and formal dispute resolution mechanisms Andrew J See National HR Convention October 2013

An Introduction

Understanding the nature of work

LET’S LOOK AT THE APPROACHES TO HUMAN RESOURCE MANAGEMENT Economic /Political /Govt Economic /Political /Govt Industrial sociologists Industrial sociologists Behavioural theorists/Psychologists/HR Behavioural theorists/Psychologists/HR Academic Academic Management Management Union Union Worker Worker Lawyers Lawyers Person on the street Person on the street

WHY PEOPLE WORK WHY PEOPLE WORK

The context of how you view work or who you are, will make a difference? Owner of a business Owner of a business Hard working person and loves the work Hard working person and loves the work Want the money but don’t like the work Want the money but don’t like the work Need the money and have a lot of pressures Need the money and have a lot of pressures Personal issues and status (eg single parent or sole carer of elderly person; suffering from mental disorder) Personal issues and status (eg single parent or sole carer of elderly person; suffering from mental disorder)

What is conflict and why does it happen at work

What is Conflict ?? An awareness by the parties involved of differences, discrepancies, incompatible wishes or irreconcilable desires. An awareness by the parties involved of differences, discrepancies, incompatible wishes or irreconcilable desires.

What constitutes conflict at work? A serious disagreement or argument arising out of ideas, decisions, actions or personalities of individuals, at places where work is performed.

How Does Conflict Manifest at the Workplace?

A simple classification of conflict Strategic /Institutional Task/ OperationalRelational/transactional

STRATEGIC CONFLICT Strategic and inherent nature of work Strategic and inherent nature of work Direction, purpose and political context. (eg TCR) Direction, purpose and political context. (eg TCR) The regulatory environment, the contractual and statutory. The regulatory environment, the contractual and statutory.

Task/Operational This relates to work organisation and decision making pertaining to the organisation.

Personal/Relationship

How Effective Are the Formal Mechanisms??? How Effective Are the Formal Mechanisms???

The Formal Mechanisms Provisions in Agreements and legislation Provisions in Agreements and legislation Corporate policies and procedures Corporate policies and procedures Employment tribunals (Termination, Grievance and Discrimination) Employment tribunals (Termination, Grievance and Discrimination)

What happens in Tribunals? Battle to death Battle to death What happens after the war? What happens after the war? No cost tribunals? (affordability) No cost tribunals? (affordability) How skilled are those who come to the Tribunal ? How skilled are those who come to the Tribunal ?

What are we learning from the formal system? Is legislation shaping how we act as HR professionals?? Is legislation shaping how we act as HR professionals?? How do we approach these things ?? How do we approach these things ??

Win the battle but lose the war Win the battle but lose the war Take out a sledge hammer to crack a peanut Take out a sledge hammer to crack a peanut What are the non-economic costs of resolving an issue through formal means What are the non-economic costs of resolving an issue through formal means Cost/benefits of litigation

Formal mediation Processes A win – win A win – win Commercial benefit ??? Commercial benefit ??? Never get to fully ventilate issues Never get to fully ventilate issues What happens if people don’t genuinely participate ? What happens if people don’t genuinely participate ?

What do we want to achieve vs what do we get What do we want to achieve vs what do we get Is Win/Win an option Is Win/Win an option What happens to the psychological contract ? :Do parties hold grudges What happens to the psychological contract ? :Do parties hold grudges Can formal processes resolve conflict effectively

Cost of formal processes: What are the implications ?? Cost of formal processes: What are the implications ??

What do we learn ?

Informal Mechanisms Lets get back to some basics!!

Role of Managers and Co-workers What skills do they need ? What skills do they need ? Role of people on the ground Role of people on the ground Management and co-worker responsibilities Management and co-worker responsibilities

Referral Officers and Specialist Advisers Role of Harassment Officers Role of Harassment Officers Equity Officers Equity Officers What are some of the dangers? (credibility, currency ) What are some of the dangers? (credibility, currency )

STAFF AND PEER MEETINGS STAFF AND PEER MEETINGS Don’t start what you cant finish ! Don’t start what you cant finish !

GRIEVANCE AND DISPUTE POLICIES AND PROCEDURES Need to be understood at induction Need to be understood at induction Need to be accessible Need to be accessible Need to be reviewed Need to be reviewed

What is the role of employees in resolving conflict at work Can employees take on this role Can employees take on this role Why should they Why should they What are the dangers of doing this ? What are the dangers of doing this ?

Strategic Conflict 82 per cent of Australian employees claim to feel disengaged at work, according to the latest Gallup research study 82 per cent of Australian employees claim to feel disengaged at work, according to the latest Gallup research study

Relationship based conflict How do we recruit ? How do we recruit ? What are expectations for newcomers and existing What are expectations for newcomers and existing When do we intervene? When do we intervene?

Lack of Clarity Governing Roles and Responsibilities What do we do when there is a lack of formal and informal consensus in relation to workplace behaviour What do we do when there is a lack of formal and informal consensus in relation to workplace behaviour Absence of mechanisms for dealing with it ? Absence of mechanisms for dealing with it ?

Laissez Faire Approach to People Management Can they work it out for themselves Can they work it out for themselves Benefits and consequences ? Benefits and consequences ?

Recognising when the conflict is not resolved

Need to remove some of the adversarial approach to conflict resolution

Are we a learning organisation Do we learn from what we do or are we always right ? Do we learn from what we do or are we always right ?

Buying in or buying out Problems for organisations where employee in holding pattern Problems for organisations where employee in holding pattern Self fulfilling prophecy Self fulfilling prophecy

Look at the motivators What inspires people to seek legal resolution of workplace issues What inspires people to seek legal resolution of workplace issues Is enforcement of rights using legal means, anathema to good HR practice ? Is enforcement of rights using legal means, anathema to good HR practice ?

Find me what the contract says ? Are we looking for distractions or wanting to resolve the problemAre we looking for distractions or wanting to resolve the problem What do we need to read that we cant see, that we dont know, that we dont understand ?What do we need to read that we cant see, that we dont know, that we dont understand ?

What are the implications for those who manage staff? Planning - Do we need review of skills set Planning - Do we need review of skills set Organising - How we view groups & individuals Organising - How we view groups & individuals Controlling - How we manage Controlling - How we manage Reviewing – What do we reward & not reinforce Reviewing – What do we reward & not reinforce

Effective education & awareness of issues Effective education & awareness of issues Tolerance Tolerance Maintaining the skills of our people Maintaining the skills of our people Conclusion

Resolving Conflict at Work