What is the best way to solve a workplace dispute?

The term ‘workplace disputes’ is often associated with conflict between an employer and a group of employees (or unions), usually about pay rises, job security or some other work-related grievance. The reality however is that 90% of ‘workplace disputes’ involve individual employees (i.e. not unions) that have a grievance or problem with a manager or, more often, a co-employee. These types of conflicts are more prevalent in Australia than union or collective disputes.

What is also true is that any conflict can, and often does, get in the way of productivity and harmony at a workplace. Here are some tips to solve a workplace dispute between an employer and an individual employee or between two co-workers:  

1. Do not avoid the issue

Disagreements in the workplace rarely, if ever, resolve themselves.To give it some ‘time’ might be a good tactic to allow emotions to calm down after an incident, but pro-active action taken by management is key to resolve a matter into the future.

The only way to address a grievance or an unhappiness is to bring it to the light.; for management to face the issue square-on and lay it all to bare. Sometimes, this may mean hearing hard truths about management and your management style.

2. Listen carefully

The root of a problem is often found in what is NOT said. Creating an environment in which employees can freely express their opinions, fears and concerns are vital to any healthy workplace. Do not be afraid to call out the elephant in the room – the ‘what is NOT said’. Often, this will result in short term pain for long term gain.   

3. Find common ground

The old saying is true: “people have more in common than differences.” It is amazing what ‘finding common ground’ can do between conflicting employees. Discovering shared hobbies, literature, sports or other interests often breaks down the barriers between people. For an employer it is about finding a way for employees to discover each other, in an informal and non-pressured setting.    

4. Focus on solutions

Too often when disputes appear, people tend to focus on the negative, which prompts people to think about more problems, leading to more negativity. Instead, employers should encourage employees to view disputes or disagreements as opportunities to grow – to find solutions. Being solution-focused amid a dispute will result in not only personal growth, but also empowering teamwork. A great tip is to write down possible solutions. Often writing solutions down will result in more solutions which is a great tool to empower cohesive teamwork. 

5. Grievance handling process

Make sure your workplace policy contains a clear and adaptive grievance handling procedure. This will ensure that all affected parties know and understand the process, which enhances the perceived ‘fairness’ that is expected of employers in dealing with disputes. At a minimum, the policy must describe:  

• How to initiate a grievance or dispute;
• How the issue will be investigated;
• Who and when the matter will be discussed with relevant parties;
• Who and when a decision will be made;
• How people will be informed of the decision; and
• An appeals process (if any).

When dealing with a workplace dispute in your business, please contact Philip van den Heever at philip@franklaw.com.au

This is not legal advice. 

Photo by Lukas from Pexels