TRANSFORMING WORKPLACE RELATIONS Workplace relations can be transformed and made better notwithstanding the fact that conflict is inherent in any relationship including the employer/employee relationship. Conflict is not always negative. One Scholar highlighted the benefits of conflict as follows: “Conflict creates an opportunity for dialogue and for building relationships. There are many lessons learnt from conflict and better systems are often created as a result of bringing inadequacies to light through conflict”. The Code of Good Practice: Resolution of Disputes at the Workplace published in terms of Section 109 of The Industrial Relations Act, 2000 (as amended) acknowledges the fact that “conflict is an inevitable consequence of the employer/employee relationship”. In the result, the Code says the employment parties should use their best endeavours through discussion, consultation and negotiation to resolve any disputes which may occur, and must deal with each other in good faith in seeking mutually acceptable solutions to disputes. They should consult each other when they anticipate that disputes may arise. The Code goes on to encourage employers and employees and their Organizations (be it Trade Unions or Staff Associations) to treat one another with appropriate sensitivity and respect and that they should both contribute towards a constructive working environment within the Company or workplace. Both parties should recognise that the workplace often entails working under stressful conditions and pressurised circumstances and thus they should use their conflict resolution skills in making genuine attempts to resolve disputes. Employers and employees or their Organizations should attempt to deal with problems quickly and as close to their source as possible. This prevents conflict from having the space and time to escalate. Employers and employees or their Organizations must address the root causes of conflict, and not just the outward symptoms of the problems. From the above assertions as mainly derived from the Code of Good Practice, the following points can be deciphered to be the major pitfalls in the desire for transforming workplace relations thus resulting to strife, tension, anger and ultimately disputes at the workplace: absence of effective conflict resolution mechanisms (be it grievance or conflict resolution Policies and procedures, hostility towards collective bargaining and Trade Unionism or any form of work collectivism as envisaged by the Industrial Relations Act); lack of genuine consultations and joint negotiation; consulting and negotiating in bad faith (i.e. rubber stamping, concealment of relevant information which is necessary to facilitate the smooth running of the negotiations, etc); not being proactive in addressing elements, grievances (individual or group grievances) and dissatisfactions that may result to conflict and ultimately to disputes (i.e. always waiting to deal with the consequences of your actions than the root cause of the problems); avoidance (i.e. developing an attitude of ignoring, trivialising or downplaying genuine issues raised by the other party individually or collectively through their Organization); absence of respect for each other and taking each other for granted even during formal consultations and negotiations (i.e. allowing personal egos to dominate during consultations and negotiations); not being sensitive towards the other’s needs and expectations (be it the employee’s needs or the employer’s expectations). This list of pitfalls towards attaining harmonious industrial relations is not exhaustive. It cannot be over-emphasized that dialogue is fundamental in the transformation of workplace relations! WRITTEN BY: MTHUNZI SHABANGU - SCL
Posted on: Mon, 27 Jan 2014 08:14:22 +0000