Unit 4 Employee Grievances, Conflicts and Disputes
Concept of Grievances
A grievance is basically a complaint. In a workplace a grievance generally occurs as a result of
treatment which is perceived to be unfair or harsh at the hands of a work colleague. Typical
situations which might result in a grievance include:
Being passed over for promotion
Being given unpopular tasks more often than other workers (picked on)
Sexual harassment
Favouritism in the sharing of overtime work hours
Employers need to implement measures to allow any such problems to be resolved effectively
and fairly. One such measure is to implement 'grievance procedures', the purpose of which is to
make it easier for employees to come forward if they feel they are a victim of unfair treatment.
A grievance is any dissatisfaction or feeling of injustice having connection with one’s
employment situation which is brought to the attention of management. Speaking broadly, a
grievance is any dissatisfaction that adversely affects organizational relations and productivity.
According to Michael Jucious, ‘grievance is any discontent or dissatisfaction whether expressed
or not, whether valid or not, arising out of anything connected with the company which an
employee thinks, believes or even feels to be unfair, unjust or inequitable’.
Dale Yoder defines is as “ a written complaint filed by an employee and claiming unfair
treatment”
The International Labor Organization (ILO) classifies a grievance as a complaint of one or more
workers with respect to wages and allowances, conditions of work and interpretations of service
stipulations, covering such areas as overtime, leave, transfer, promotion, seniority, job
assignment and termination of service.
In short, grievance is a state of dissatisfaction, expressed or unexpressed, written or unwritten,
justified or unjustified, having connection with employment situation.
Nature of Employee Grievances
1. A grievance refers to any form of discontent or dissatisfaction with any aspect of the
organization.
2. The dissatisfaction must arise out of employment and not due to personal or family problems.
1
Unit 4 Employee Grievances, Conflicts and Disputes
3. The discontent can arise out of real or imaginary reasons. When employees feel that injustice
has been done to them, they have a grievance. The reason for such a feeling may be valid or
invalid, legitimate or irrational, justifiable or ridiculous.
4. The discontent may be voiced or unvoiced, but it must find expression in some form.
However, discontent per se is not a grievance. Initially, the employee may complain orally or in
writing. If this is not looked into promptly, the employee feels a sense of lack of justice. Now,
the discontent growls and takes the shape of a grievance.
5. Broadly speaking, thus, a grievance is traceable to be perceived as non-fulfillment of one’s
expectations from the organization.
Causes of Grievances
1. Economic:
Employees may demand for individual wage adjustments. They may feel that they are paid less
when compared to others. For example, late bonus, payments, adjustments to overtime pay,
perceived inequalities in treatment, claims for equal pay, and appeals against performance-
related pay awards.
2. Work environment:
It may be undesirable or unsatisfactory conditions of work. For example, light, space, heat, or
poor physical conditions of workplace, defective tools and equipment, poor quality of material,
unfair rules, and lack of recognition.
3. Supervision:
It may be objections to the general methods of supervision related to the attitudes of the
supervisor towards the employee such as perceived notions of bias, favouritism, nepotism, caste
affiliations and regional feeling.
4. Organizational change:
Any change in the organizational policies can result in grievances. For example, the
implementation of revised company policies or new working practices.
5. Employee relations:
Employees are unable to adjust with their colleagues, suffer from feelings of neglect and
victimization and become an object of ridicule and humiliation, or other inter- employee
disputes.
6. Miscellaneous:
2
Unit 4 Employee Grievances, Conflicts and Disputes
These may be issues relating to certain violations in respect of promotions, safety methods,
transfer, disciplinary rules, fines, granting leaves, medical facilities, etc.
The Grievances of procedures
Grievance procedure varies from industry to industry and from trade union to trade union
because of the variations in the size of organizations, trade union strength, the management
philosophy, the company traditions, industrial practices and in the cost factor.
1. The aggrieved employee verbally explains his grievance to his immediate supervisor or in
a conference or a discussion specially arranged for the purpose. The employee seeks
satisfaction from his supervisor. The grievance can be settled if the supervisor has been
properly trained for the purpose, and if he adheres strictly to a basic problem-solving
method.
2. The second step begins when the grievance is not settled by the supervisor. In this case, it
is sent to a middle level manager with a note in which are mentioned the time, place and
nature of the action to which the employee objects. The middle level manager goes into
the grievance and gives his decision on the matter.
3. The grievance is submitted to the Grievance Committee if the decisions of the supervisor
and of the middle level manager have not solved the problem. This committee which is
composed of some fellow-employees, the shop steward or a combination of union and
management representatives, considers the record and may suggest a possible solution. It
may call upon the grievant to accept the employer’s proposed settlement.
4. If the decision or suggestion of the Grievance Committee is not accepted by the grievant,
he may approach to the top management or the corporate executive.
5. The final step is taken when the grievance is referred to an arbitrator who is acceptable to
the employee as well as the management.
Industrial Conflict
Stephen Robins defines conflict as “a process that begins with a party perceives that another
party has negatively affected, or is about to negatively affect, something that first party cares
about”. It encompasses the wide range of conflicts that people experience in organizations-
incompatibility of goals, differences over interpretations of facts, disagreements based on
behavioral expectations and like.
Industrial Conflict has negative connotation for many like strikes, lockouts, rallies etc which is
institutionalized through conciliation and arbitration. It has a stabilizing effect on the industrial
society and is instrument of social change. Conflict has its roots in fundamental right, the
3
Unit 4 Employee Grievances, Conflicts and Disputes
freedom of expression. It also means some disorder, the parties involved in a conflict seek to
maximize the disorder.
Industrial conflict occurs when employees express their dissatisfaction with management over
the current state of the management-employee relationship. The causes of such dissatisfaction
are typically matters related to regular wage payment, wage increase or remunerations according
to terms of the employment contract. Employees can express such dissatisfaction in formal or
informal ways. Formal methods are organized and are planned in advance, while informal ones
are spontaneous and unorganized, usually taking management by surprise. There are different
types of formal and informal industrial conflicts.
Industrial conflict occurs due to the differences in the interests, orientations and perceptions of
different groups (unions, management, and workers).
At the organizational level, industrial conflict can occur due to the interactions:
a. Within the work organization-between union leaders and managers;
b. Within the union organization- between union leaders and workers; or
c. Between the work organization and union organization represented by the management
and union leaders.
Nature of conflict and its manifestation
Nature
Conflict occurs when individuals are not able to choose among the available alternative
courses of action.
Conflict between two individuals implies that they have conflicting perceptions, values
and goals.
Conflict is a dynamic process as it indicates a series of events. Each conflict is made up
of a series of interlocking conflict episodes.
Conflict must be perceived by the parties to it. If no one is aware of a conflict, then it is
generally agreed that no conflict exists.
Manifestation (abhiwyaqt)
1. Manifestation of organized group conflict (Union-management conflict):
a. Manifestation of unions: non-cooperation, arguments, hostility, stresses and tension,
unwillingness to negotiate, resentment, absenteeism, work-to-rule, demonstration
(morcha, gherao), loss of production and strike.
4
Unit 4 Employee Grievances, Conflicts and Disputes
b. Manifestation of management: unwillingness to negotiate, termination, demotion, lay-
offs and lock-outs.
2. Manifestation of individual and unorganized conflict:
a. Manifestation of workers: unorganized withholding of efforts, intentional waste and
inefficiency, labor turnover, absenteeism complaints, instances of breaking of rules,
strikes.
b. Manifestation of management: autocratic supervision, over-strict discipline, penalties,
unnecessary firing, demotion, lay-offs and lockouts.
Numerous causes lead to industrial conflict falling into the following broad
categories:
1. Economic causes: wage, bonus, overtime payment, etc.
2. Political causes: political instability, various parties and their affiliations with unions
3. Social causes: low morale in society, bankruptcy of social values and norms
4. Technological causes: unsuitable technology, i.e., difficulty in technology adaptation,
resistance to change and fear of unemployment
5. Psychological causes: conflict in individual and organizational objective, motivational
problems, personality and attitude.
6. Market situation: rising prices and shortages
7. Legal causes: inadequacy of legal machinery, injustice.
Conflict is always viewed as unhealthy and dysfunctional but sometimes it is beneficial
as it brings about social change.
It also helps to maintain the stability of the group by forcing groups to air their grievances
and resolve their problems thus preventing ill feelings within and between groups.
Since conflict is and will be a fact of industrial society, it must be dealt with or handled
for the sustainability of an organization.
5
Unit 4 Employee Grievances, Conflicts and Disputes
Conflict Resolution
Conflict resolution is the process by which two or more parties reach a peaceful resolution to a
dispute.
Conflict resolution skills are required for a wide range of positions across many job sectors. This
requirement is based around the fact that conflict tends to reduce productivity and create a
difficult work environment, leading to unwanted turnover in staff and reduced morale.
The Conflict Resolution Process
The resolution of conflicts in the workplace typically involves some or all of the following
processes:
Step 1: Define the source of the conflict.
The more information we have about the cause of the problem, the more easily we can help to
resolve it. To get the information we need, use a series of questions to identify the cause, like,
“When did you feel upset?” “Do you see a relationship between that and this incident?” “How
did this incident begin?”
As a manager or supervisor, we need to give both parties the chance to share their side of the
story. It will give a better understanding of the situation, as well as demonstrate impartiality. As
we listen to each disputant, say, “I see” or “uh huh” to acknowledge the information and
encourage them to continue to open up.
Step 2: Look beyond the incident.
Often, it is not the situation but the point of view of the situation that causes anger to irritate and
ultimately leads to a shouting match or other visible and disruptive result.
The source of the conflict might be a minor issue that occurred months before, but the level of
stress has grown to the point where the two parties have begun attacking each other personally
instead of addressing the real problem. Once again, probing questions will help, like, “What do
you think happened here?” or “When do you think the problem between you first arose?
Step 3: Request solutions.
After getting each party’s viewpoint, the next step is to get them to identify how the situation
could be changed. Again, question the parties to solicit their ideas: “How can we make things
better between you? ”As mediator, we have to be an active listener, aware of every verbal
nuance, as well as a good reader of body language.
We want to get the disputants to stop fighting and start cooperating, and that means steering the
discussion away from finger pointing and toward ways of resolving the conflict.
6
Unit 4 Employee Grievances, Conflicts and Disputes
Step 4: Identify solutions both disputants can support.
We are listening for the most acceptable course of action. Point out the merits of various ideas,
not only from each other’s perspective, but in terms of the benefits to the organization. For
instance, we might suggest the need for greater cooperation and collaboration to effectively
address team issues and departmental problems.
Step 5: Agreement.
The mediator needs to get the two parties to shake hands and accept one of the alternatives
identified in Step 4. The goal is to reach a negotiated agreement. Some mediators go as far as to
write up a contract in which actions and time frames are specified. However, it might be
sufficient to meet with the individuals and have them answer these questions: “What action plans
will you both put in place to prevent conflicts from arising in the future?” and “What will you do
if problems arise in the future?
This mediation process works between groups as well as individuals.
Grievances and Industrial Relation
A Well-defined grievance procedure promotes good relations between employers and
workers.
The lack of grievance machinery will find an outlet, in one form of indiscipline or
another over a period of time, or else cooperation will not be in line with managerial
expectation, reflecting perhaps in the production/output.
The Labour Act required the appointment of a labour welfare officer in every enterprise
of 250 or more employees.
The Proprietor also has to constitute a Labour Relation Committee in each Enterprise in
order to create amicable atmosphere between the workers or employees and the
management and to develop healthy labor or industrial relation on the basis of mutual
participation and co-ordination.
In the absence of a formal grievance procedure, labor relation committee plays a vital
role in discussing and settling grievances.
Nature of Industrial disputes
An industrial dispute may be defined as a conflict or differences of opinion between
management and workers on the terms of employment.
It is a disagreement between an employer and employees’ representative; usually a trade
union, over pay and other working conditions and can result in industrial actions.
7
Unit 4 Employee Grievances, Conflicts and Disputes
When an industrial dispute occurs, both the parties, that is the management and the
worker try to pressurize each other.
The management may resort to lockouts while the workers may resort to strikes.
From the view point of the employer
An industrial dispute resulting in stoppage of work means a stoppage of production.
This results in increase in the average cost of production since fixed expenses continue to
be incurred.
It also leads to a fall in sales and the rate of turnover, leading to a fall in profits.
Apart from the immediate economic effects, loss of prestige and credit, division of the
labor force, and other non-economic, psychological and social consequences may also
arise.
Loss due to destruction of property, personal injury and physical pressure or
inconvenience also arises.
From the view point of the employee
It entails loss of income. The regular income by way of wages and allowances ceases,
and great hardship may be caused to the worker and his family.
Employees also suffer from personal injury if they indulge into strike and the
psychological and physical consequences of forced idleness.
The threat of loss of employment in case of failure to settle the dispute.
STRIKE AND LOCKOUT
STRIKE
A strike is a work stoppage caused by the mass refusal of employees to work whether
total or partial stoppage of work due to their dispute with the employer.
A strike is a very powerful weapon to get employees demand accepted by the
management.
Causes for strike
8
Unit 4 Employee Grievances, Conflicts and Disputes
1. Low pay: Employees may strike due to low pay, they want to be paid fair and equitable
remuneration.
2. Bad working condition: Working conditions relates to health and safety at work place.
3. Dissatisfaction on issues related to management/company policies: Dissatisfaction of
policies may include policies related to leave entitlement such as sick leave, holiday
leave, promotion and redundancy.
4. Unfair termination of employees: If termination of employment is not of proper reasons
then the employees may strike.
5. Excessive working hours: If employees are working more than established hours set by
the government as per industrial and labor act. Also if there is no overtime payments for
such excessive hours work it will results to strikes.
6. No response from management in spite of referring a demand and issuing a
reminder of a certain matter that needs to be addressed: If there is a dispute between
employees and management in which employees believe there is a need for change on a
certain matter and management has been notified, reminded of such demand, yet
management do nothing. Employees may strike to get their demands settled.
7. Diversion of collective bargaining: when management goes against the collective
agreement between them and employees, it may result to strike.
8. Discrimination:- The existence of discrimination highly encourages strikes
9. Aggressive behavior of managers towards employees: e.g. managers may use abusive
language and sometimes even hit workers.
10. Poor communication: The lack of transparency between management and employees
due to levels of hierarchy between them can lead to strike.
LOCKOUT
A lockout is a temporary work stoppage of employment initiated by the management of
the company during a labor dispute.
Lockout is the ultimate weapon in the hands of management when uncontrolled situation
arise in the firm.
The major objective of lockout is to force employees to agree to employer demands.
Causes for lockouts
9
Unit 4 Employee Grievances, Conflicts and Disputes
a. Dispute between workers and management. It may arise due to unsatisfied
working conditions such as lower bargaining power.
b. Failure in maintaining proper industrial relations (industrial peace and harmony)
c. Continuous or accumulated financial losses of industry can lead to opt for lockout
by the management
d. If there is an illegal strike, continuous strikes by workers, it may lead to lockout
of an industry.
e. If there is unrest, dispute between workers and workers. This can result to poor
work performance leading to inability to achieve organizational objectives.
LEGAL PROVISIONS ON DISPUTE SETTLEMENT PROCESS IN NEPALESE
ORGANIZATIONS
1. Types of disputes: There are two types of disputes, individual disputes and collective
disputes as laid down in Labour laws.
2. Prevention of labour disputes:
A central advisory committee at national level was formed to give advises on policies and
legislation. It consists of representatives from trade unions, employers’ organizations,
government line agencies and labor experts.
A minimum wages fixation committee at national level with equal representatives from
workers, management and government was formed.
Proper and regular functioning of these two committees is most important so as to
minimize labor disputes by bringing about the right policy and legislation and timely
revision of minimum wages.
The Act has also laid down the provisions for appointment, duties and powers of Labour
Officer and Factory Inspector. These two officials have contributed to some extent to
minimize or prevent labor disputes through their regular inspection and advisory function
as per Labour laws.
The most and only efficient way to prevent labour disputes is through the promotion of
good and constructive labour-management relations at plant or shop floor level. For this
purpose Labour Act have provisions that every establishment should constitute a “Labour
Relations Committee” with equal representation from management and workers.
10
Unit 4 Employee Grievances, Conflicts and Disputes
In order to develop an environment of mutual trust and respect, effective communication
and information sharing between workers and management the Act has provision for
appointment of a Welfare Officer in the enterprise where 250 or more workers or
employees are engaged and one additional Assistant Welfare Officer to be appointed
where there are more than 1000 workers or employees engaged.
3. Labour dispute settlement procedures:
a. Negotiation:
During negotiation concerned parties sit together and negotiate or exchange dialogues in
order to reach to an agreement or to settle the disputes.
In Nepal, the Labour Act has provisions for resolving collective disputes through the
process of negotiation. The Act states that upon the receipt of notice of claims relating to
collective disputes the management should invite the representatives of workers for
negotiation and solve the dispute within 21 days and should enter into an agreement. If
the dispute couldn’t be solved through negotiation, then the dispute should be solved
within 15 days holding bilateral discussions in the presence of Labour Officer.
b. Conciliation and Mediation:
Conciliation is a process whereby a third party provides assistance to employers and
workers in case of a dispute between them.
The term conciliation and mediation are sometimes used as synonyms. Where a
distinction is made between the two, there the degree of intervention of the third party
increases. In Conciliation the third party brings the parties to dispute together, encourages
them to discuss in their differences and assists them to come to their own solution. In
Mediation the mediator is more active and submits his own proposals for settlement of
the disputes to both parties.
In Nepal the provision of Conciliation has been incorporated which states that, the
dispute if not settled through negotiation, the dispute should be solved within 30 days in
presence of Labour Officer through conciliation.
c. Arbitration and Adjudication:
If the conciliation fails either one of the party or both can seek arbitration.
Similarly, any one of the two parties involved who is not willing to settle the
dispute through conciliation can take recourse to arbitration.
The Act has a provision of voluntary arbitration which mentions that after the failure of
conciliation attempts collective dispute may be submitted to an arbitrator acceptable to
both the parties.
11
Unit 4 Employee Grievances, Conflicts and Disputes
If such arbitrator could not be appointed, the dispute may be referred to a tripartite
committee constituted with the consent of both parties by Government of Nepal having
equal representation from the workers, employers and the government. The mediator of
the committee so appointed should decide on the dispute within 15 days.
The Act has made provision for hearing individual claims (dispute). This provision states
that if one or more workers have any personal claim or complaint against proprietor
relating to the service, the concerned worker may file it in writing to the concerned
proprietor. Upon receipt of the claim or complaint, the proprietor should discuss on it
with the concerned worker within 15 days and settle the problem. If the problem could
not be solved through the discussion held, the worker may file a petition at the concerned
Labour Office specifying clearly their claims.
The Labour Office should hold a discussion between the proprietor and the worker and
solve the dispute within 15 days of the receipt of the claim if the dispute couldn’t be
solved through discussion held at Labour Office, the chief of the Labour Office should
decide on the dispute within 7 days.
Adjudication is a process whereby judicial instances i.e., ordinary courts and tribunals or
courts and tribunals specialized in labour field, take a final decision on a dispute.
There is a provision for establishment of Labour court.
The Act has a special provision for settlement of labour dispute which states that if
Government of Nepal deems that a dispute between workers and the proprietor has arisen
or there is possibility of arising Government of Nepal may constitute a committee of one
or more persons on tripartite basis consisting of representatives of the proprietor, the
workers and Government of Nepal in order to resolve the dispute. Such committee may
regulate its own procedures.
The decision of Government of Nepal made on the report of the committee constituted as
per above provision of the law should be final and binding to both of the parties.
Industrial disputes examples.
12
Unit 4 Employee Grievances, Conflicts and Disputes
While Tata Motors has decided to move its Nano factory out of Singur after violent protests by
farmers, this isn't the first time that there has been a standoff between industry and farmers
unwilling to surrender land.
Here are four other large industrial projects in India that have recently been wracked by protests
1 In August, the Supreme Court gave South Korean steel firm POSCO the use of large swathes
of forestland in Orissa for a $12-billion plant that protesting farmers said would displace
thousands of people. The protests delayed the start of construction on the plant, which could be
India's single biggest foreign investment to date.
2 In the same month, the Supreme Court allowed Vedanta Resources to mine bauxite in hills
considered sacred by tribal people in Orissa. The mining would feed an alumina refinery, part of
an $800-million project that has been widely opposed. Environmentalists say the open-cast mine
will wreck the rich biodiversity of the remote hills and disrupt key water sources vital for
farming.
3 Goa, famous for its beaches and tourist industry, in January dropped plans to build special
economic zones for industry after protests from political and environmental groups.
4 West Bengal last year aborted a plan for a special economic zone for a chemicals complex in
Nandigram after fierce protests. At least 35 villagers were killed in clashes between locals and
communist party workers and the state government put all SEZs on hold in the state.
KATHMANDU, DECEMBER 13
Sugarcane farmers from Sarlahi have again started a protest in Kathmandu asking the
government to help them recover their due payments from sugar mills. A total of 25 farmers
from Sarlahi have reached Kathmandu to begin a protest from today. They have demanded the
government to fulfil the commitment that it had made earlier.
After a week-long protest in December last year, the government had signed an agreement with
the Sugarcane Farmer Struggle Committee on January 1 to recover their due payments within a
month.
However, the commitment has not been fulfilled till date.
Thus, the farmers have again resorted to the protest programme, said the leader of the committee,
Rakesh Mishra.
Back then the government had committed to recover their due payments by mid-December.
However, no progress has been made yet, thus the farmers have been compelled to come to
Kathmandu to protest, he added.
13
Unit 4 Employee Grievances, Conflicts and Disputes
According to Mishra, the committee had met the minister for industry, commerce and supplies
before the festive season. The minister had then made a commitment to recover their due
payments. “However, the government only gives us false promises.”
Furthermore, committee is now preparing to take help from civil society, media and human
rights activists, he informed.
Farmers claim sugar mills have to pay outstanding dues worth Rs 360 million to around 6,000
sugarcane farmers in Sarlahi district alone.
Overall, the sugar mills have still to pay more than Rs 520 million to the farmers. Of this total,
Shree Ram Sugar Mills has to pay Rs 260 million, Indira Sugar Mill needs to clear Rs 47 million,
Lumbini Sugar Mill has to pay Rs 84 million while Annapurna Sugar Mill has still to clear Rs
170 million, based on government data.
Example of employer and employee conflict
Personality Clashes
Conflict is often the result of personality clashes. If a supervisor and employee have significantly
different personalities, friction can arise. These conflicts are often not motivated by malice but
are the result of two very different people misunderstanding each other.
Example:
Jessie is a very quiet, serious employee who doesn't often smile or laugh. She tends to be private
about her personal life. AlthoughJessie got along well with her previous supervisor, Julie, who
had a similar personality, Julie now has left the company, and Roberta has taken her role.
Roberta is very gregarious, loud, and laughs often, and also tends to be inquisitive about her
employees' lives.
Jessie has become increasingly uncomfortable around Roberta, as she doesn't like being asked
about her personal life and feels that too much noise and laughter in the workplace is
unprofessional. For her part, Roberta is put off by Jessie's quiet, private nature and regards Jessie
as unfriendly. Recently, Roberta reprimanded Jessie for not smiling enough or not making small
talk with a recent client who visited the office. Jessie feels bullied and is contemplating making a
formal complaint to HR.
Cultural Differences
Different cultures have different expectations of workplace behavior and business etiquette.
When employees and employers from different cultures attempt to work together, these cultural
differences can create tensions that can spill over into outright conflict.
Example:
14
Unit 4 Employee Grievances, Conflicts and Disputes
Jack recently relocated to the U.S. from London after marrying an American woman. Jack has
had a long and successful career in IT management. He quickly finds a job here in the states, but
finds himself flummoxed by the behavior of his new staff. He notices that after a few months,
many seem to be demoralized. In a few cases, staff members have approached him and asked if
there was something wrong with their performance, even though Jack is perfectly satisfied with
the work that they are doing.
Finally, Jack decides to take a risk and ask two of the most senior employees on his team. if they
have a problem with him. After some discussion, everyone realizes that the problem is a cultural
one. In many British workplaces, workers are largely expected to do their jobs without receiving
a lot of positive feedback or cheerleading, which is different from the way US companies often
operate, including the one where Jack now works.
Jack takes the initiative in resolving the issue by being more proactive in identifying good work
and praising his employees both privately and publicly.
Harassment, Bullying and Discrimination
Harassment, bullying and discrimination all take their toll on the physical and mental health of
employees. In some cases, employers actively perpetrate harassment, bullying and
discrimination, in others, the employer simply tolerates it within the workplace, refusing to take
action until an employee files a lawsuit or report with a government labor agency.
Example:
Gerald was a 60-year-old man working as a salesperson in a hardware store with several younger
coworkers, a few of whom consistently treated him with disrespect, making nasty comments
about his being old, slow and "computer illiterate" because he was not very good with the online
inventory system. At first, Gerald ignored the comments, but he rapidly grew tired of them. He
politely, and privately, spoke to the most vocal of the younger employees, asking him to stop the
needling, but the younger man told Gerald that he was being too sensitive and the bullying grew
worse.
Gerald eventually approached the store owner about the situation. The owner likes Gerald, but
was unwilling to get involved with what he called "employee issues." Gerald noted that since
many of the insults reference Gerald's age, they could constitute illegal workplace harassment.
The store owner became defensive and continued to do nothing about the situation.
Eventually, the bullying began to affect Gerald's health. He quit his job and then applied for
unemployment benefits, arguing that his employer's failure to address the age-based harassment
created a hostile work environment. Gerald not only won unemployment benefits but is now
involved in a lawsuit against his former employer.
Performance Issues
15
Unit 4 Employee Grievances, Conflicts and Disputes
In some cases, employer and employee may have a disagreement about the quality of the
employee's work. This may be a simple matter of an employee who lacks self-awareness and
thinks she is doing excellent work, whereas her colleagues would rate her as mediocre, at best.
But other performance issues may not be so clear-cut. Some employees may realize that they are
not working to potential, but would point to a lack of guidance, training and feedback as the
cause of their performance issues.
Example:
Hazel has been working as a copywriter for the past three years at a boutique marketing agency.
While her performance reviews are generally positive, lately she's been struggling with
assignments for several new clients in the legal industry. Up until recently, Hazel's work has
focused primarily on writing for healthcare companies. She is unfamiliar with legal matters, and
yet she is expected to produce web copy and blog posts for these businesses. The new clients
have already sent back several projects for revisions, and Hazel's supervisor is upset with her.
Hazel points out to her supervisor that she is being required to write on topics that she knows
nothing about. She also notes that when the company was pitching these law firms, Hazel
suggested that the company pay for Hazel to take some courses on legal research and writing.
Instead, Hazel's supervisor told her that the company couldn't afford to pay for additional
training, and advised Hazel to get ideas by reading other legal blogs.
After taking the time to listen to Hazel express her frustrations, the supervisor realizes that she
made a mistake in not insisting that the company enroll Hazel in a legal writing course. The
supervisor apologizes to Hazel, puts a note in Hazel's HR file noting the error, and requests an
addition to the department budget so that Hazel can get the training she needs to perform her job
properly.
Other Considerations
Many experts in workplace and organizational psychology note that workplace conflict isn't
always negative. Conflict, when handled in a healthy way, can lead to growth for everyone
involved. It can also lead to new ideas and the evolution of processes within your business. In
addition, a willingness to address conflict often prevents small annoyances from becoming larger
problems that can harm morale.
16