Workplace disputes can encompass a variety of situations ranging from conflict with co-workers to contractual disagreements with employers. When a dispute or conflict arises, the toll can be far-reaching, affecting not only employees’ quality of work but also their mental health and morale.
According to a State of Conflict in the Workplace survey conducted by the Workplace Peace Institute, 53% of respondents said they felt stressed due to workplace conflict, and 45% reported sickness or absence from work. Additionally, 77% of the workforce is disengaged, highlighting a significant threat to productivity and morale.
The road to resolution can differ depending on the nature of the dispute. In this article, we will outline certain steps employees should take when facing a workplace dispute to help them move forward confidently and in accordance with company policies and relevant laws.
Disputes with Other Employees
Workplace disputes with other employees can arise for a number of reasons. These can include differences in personality, discrimination, harassment and poor communication. In most cases, a company’s HR department will have internal procedures in place for resolving such disputes.
The appropriate channels for handling grievances with other employees may be set out in an employee handbook or detailed in the company’s policy guidelines. By reviewing this material, an employee can understand the procedure required to report and potentially resolve the matter, through the appropriate reporting channels.
Importance of Documentation
Maintaining a detailed record of the events surrounding a specific dispute can help an employee support their case. This can include documenting the following matters:
- The date, time and location of each incident related to the dispute
- A detailed description of what took place.
- The names of all parties involved in the dispute.
- All communications, whether in writing, over the phone or in person, relating to the dispute.
- Names of any witnesses present at the time.
The more information an employee can record regarding their dispute, the more likely they are to recall the facts clearly and present evidence to support their claims.
Alternative Dispute Resolution
Beyond internal company procedures, a workplace dispute may also be resolved using alternative dispute (ADR) methods such as those outlined below:
- Mediation: Here, a neutral third party works with the parties involved in a dispute, helping them reach a resolution that they both agree to. This collaborative approach encourages the parties to work together to resolve their issues.
- Arbitration: Some employment contracts require employee disputes to be resolved through arbitration. In this method, an arbitrator will review the facts of the case and make a binding decision which both parties must agree to.
- Peer review: In this approach, the employees take their dispute to a panel of fellow employees or managers who will decide on the appropriate course of action to take.
ADR can offer employees a more collaborative and efficient and amicable way to resolve their disputes, helping to maintain a positive and productive working environment.
Disputes with Employers
In some cases, workplace disputes can arise between employees and their employers. These disputes may involve issues such as disagreements over pay, discrimination, workplace safety, or wrongful termination.
Unlike disputes with co-workers, those related to their employer will usually require an employee to follow more formal channels, which may need a detailed understanding of the terms and conditions of their employment contract as well as specific areas of employment law.
Employment Contract
An employee should always review their employment contract in the event of a dispute with their employer. This document sets out the terms and conditions that both parties legally agreed to at the outset of their working relationship.
Clauses relating to matters such as job responsibilities, compensation, and grounds for termination can help inform employees as to their rights as well as the procedures to follow for handling employment-related disputes in these areas.
By consulting with an employment lawyer, an employee can determine whether a potential breach of contract has occurred by their employer, and receive legal advice on the best course of action to take to protect their rights and interests.
Employment Laws
The law also provides employees with certain protections while outlining the responsibility of employers. Some key employment laws that may apply to a dispute between an employer and an employee include:
- The Fair Labor Standards Act (FLSA): The FLSA established minimum wage, overtime pay, recordkeeping, and child labor standards for full-time and part-time workers.
- Civil Rights Acts of 1964: This prohibits employers from discriminating against employees based on race, color, religion, sex or national origin.
- The Occupational Safety and Health Act (OSHA): OSHA sets out responsibilities for employers to ensure employee safety and health in the workplace.
- Whistleblower Protection Act: This piece of legislation protects federal employees from retaliation for reporting illegal activity or wrongdoing within their organization.
By understanding federal and state-specific employment laws, an employee can better understand the rights afforded to them and take appropriate steps to effectively navigate disputes with their employer.
Settlement Agreement
If an employer has violated certain laws or breached the terms of the employment contract, they may agree to settle the matter out of court. This avoids the cost and public scrutiny of litigation which can be potentially damaging to their reputation.
In these situations, it is advisable for an employee to seek legal counsel to ensure the terms of the settlement agreement are fair and in their best interest. It will also ensure they are clear as to their rights and responsibilities going forward.
For example, a settlement agreement may contain restrictions in the form of confidentiality or non-compete clauses which could affect an employee’s future employment. This approach can help an employee feel fully informed and confident in understanding the terms they are signing, as well as any potential implications for them.
Endnote
In navigating workplace disputes, whether with other colleagues or an employer, it is essential that employees follow the appropriate channels as laid out in their employment contract or company policies.
By discussing key matters related to the dispute, informing themselves of the legislation surrounding it and seeking legal advice if required, employees can address workplace disputes with greater confidence and clarity, ensuring their rights are protected and a fair resolution is reached.
Featured Photo by Jopwell
