dispute resolution Flashcards
what is dispute resolution
procedure that workplace participants should follow. grievance procedures, then mediation or arbitration.
what is grievance procedures
a formalised set of steps that employees and employers can follow to resolve workplace disputes. individuals can use grievance procedures to address and resolve their complaints.
when are grievance procedures used
grievance procedures are used when a dispute needs to move on to the next step if an issue can not be resolved at the previous stage.
what are the grievance procedure steps
1- employee presents complaints to manager
2- employee presents complaints to senior management
3-an impartial party is brought in to help through mediation
4-dispute is referred to the fair work commission, where arbitration occurs.
what is mediation
an impartial third party facilitating the discussion between disputing parties to help reach a resolution informally. it is a more formal method of the dispute resolution process.
advantages of mediation
promotes positive future working relationships, less expensive as it is in an informal setting.
disadvantages of mediation
can be a waste of time if final decision is not reached, unbalanced power dynamic between employees and managers.
what is arbitration
an indépendant third party hearing arguments from both disputing parties and making a legally binding decision to resolve a conflict. the most formal step
when is arbitration needed
when conflicting parties are unable to reach an agreement themselves through mediation.
advantages of arbitration
guarantees that a final decision is made , prevents the dispute reoccurring
disadvantages of arbitration
business has reduced control over the final decision, going to court is time consuming for both parties.
