DISPUTE
RESOLUTION
Sometimes situations arise where an employer and an employee find
themselves in dispute with one another. In the case of an
employee who is disabled, this can often be seen as being attributable
to their disability. This may be the true source of the problem,
but it is more often the case that there are other reasons and that
disability is just being used to “label” the dispute.
Getting to the root of such situations can be complex and sometimes
difficult for all concerned. However, by finding a resolution
which is acceptable to all parties, it is often possible to reach an
accommodation which will allow effective working to continue.
Everyone can gain from resolution of these problems: for the
employer there is at least the dual benefit of having an employee
working more effectively and not having to spend further time and
effort trying to resolve the dispute; for the employee there is
the benefit of being able to feel more confident at work and more a
part of the overall organization, together with the removal of the work
related stress which is inevitable in dispute situations. There
is even potential gain for the Government, in that failure to resolve
some disputes can result in the employer no longer being employed and
having to be supported entirely by state benefits.
Based on much of the other assessment, training and support work which
I have done in the field of employment and disability, I have developed
a package of mediation and dispute resolution services. The
objective of these services is always to seek to identify the
resolution which will give best value to both employer and
employee. Generally, this will mean that the employee is enabled
to work more effectively, thus removing much of the cause of many
disputes. By seeking to develop awareness and understanding on
the part of both employer and employee, it is often possible to
establish the basis for an effective mediation procedure which will
seek to bring the two parties closer together.
It is, however, important to acknowledge that not all disputes can be
resolved so that the current employment can continue. In such
circumstances, when it becomes clear that the current employment cannot
continue, every effort will be made to encourage a smooth withdrawal of
the employee, with a view to seeking alternative employment with
another employer, or elsewhere within the same organization.
This work draws heavily on many of the other services which I
offer. Job design, niche carving, awareness training and training
in working methods are all key tools in working to resolve disputes
between employers and their employees. Every situation will be
unique, so the precise mix of tools and processes to be used will vary
from case to case. However, the target is always to seek to
continue the present employment or for each side to be able to withdraw
with dignity.
For further information on how you or your organization might make use
of my dispute resolution services, please contact me to discuss your
specific situation.
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