Dispute Resolution

Dispute Resolution
What to do?  

Employee disputes are best resolved informally directly between an employee and the supervisor. However, there are situations when a formal process may be beneficial and additional perspectives may be needed to review a dispute. Successful resolution of a dispute requires an open and honest exchange of information, a willingness to see a situation from a different perspective, an appreciation for the challenges and expectations of the jobs of both the employee and the manager, appropriate use of flexibility and an understanding of the business needs of the institution. Learn More about McClure HR Consultants 

Consultation

In an increasingly collaborative business environment, continued success often depends on the ability of individuals, teams and organisations with mutual interests to work smoothly together.

Costs of conflict can often be avoided with the establishment of systems that promote collaboration and stop disagreements from becoming expensive disputes. A dispute consultation with us can protect your business from potential conflict-related issues.

Conciliation

Conciliation is a voluntary proceeding, where the parties involved are free to agree and attempt to resolve their dispute by conciliation. The process is flexible, allowing parties to define the time, structure and content of the conciliation proceedings. These proceedings are rarely public. They are interest-based, as the conciliator will when proposing a settlement, not only take into account the parties’ legal positions, but also their; commercial, financial and / or personal interests.

Main Benefits?  
  • Conciliation ensures party autonomy.
    The parties can choose the timing, language, place, structure and content of the conciliation proceedings.
  • Conciliation ensures the expertise of the decision maker.
    The parties are free to select their conciliator. A conciliator does not have to have a specific professional background. The parties may base their selection on criteria such as; experience, professional and / or personal expertise, availability, language and cultural skills. A conciliator should be impartial and independent.
  • Conciliation is time and cost efficient.
    Due to the informal and flexible nature of conciliation proceedings, they can be conducted in a time and cost-efficient manner.
  • Conciliation ensures confidentiality.
    The parties usually agree on confidentiality. Thus, disputes can be settled discretely and business secrets will remain confidential.
Arbitration

Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court.  The parties to the dispute choose their arbitrator, or can request organisations such as the Arbitration Foundation of Southern Africa (AFSA) or the Association of Arbitrators (South Africa) (AASA), to appoint a suitable and qualified person. The agreement usually determines the procedure for appointing an arbitrator.

Disciplinary Enquiries

McClure HR Services can assist you with the drafting of charges and chairing of disciplinary enquiries.  Often, bringing in an external party to oversee the process removes any bias from the enquiry and both the company and employee are assured that all processes are procedurally fair and substantively in line with presiding labour legislation.

Performance Management

Performance Management is an important part of your people value statement.  All employees have an inherent need to understand if their performance is on track or requires changes / improvement.  We offer a service where we assist companies in drawing up a Performance Management Policy uniquely suited for their business and assist in the implementation thereof.  Easy to use templates and processes make this aspect of people management hassle free.

Union Negotiations

Union Negotiations are often seen as a daunting task for employers.  At McClure HR, we can assist you with these negotiations and provide support.  We understand the importance of a win-win for all parties.  Building good union relationships are tantamount to the success of any business, should you have union members in your workforce.