Employment Conflict Management Techniques

Running head: EMPLOYMENT CONFLICT MANAGEMENT TECHNIQUE(S)

Employment Conflict Management Technique(s)

University of Phoenix

Employment Conflict Management

Recession in United States has affected many businesses. It is common for Business to witness decline in sale and finance. Companies are trying different tactics to combat the recession and keep the business going. They are restructuring and trying different uses of technology to meet the customer demand and minimize the pressure of economic recession. Increased uses of technology have led to increased employee termination. This sometimes creates a difficult situation for business in an already difficult situation. Employers can lay off employees but with the risk of employment lawsuits.

FastServe Inc. is a $25 million, 350-person strong company involved in direct marketing of brand sports apparel (Legal Environments of Business). FastServe opened up two online marketing and distribution channels for boys and girls. 10 percent of management was moved to manage the online channels (Legal Environments of Business). This technology began to pose problems for the FastServe which led the decision to move out of online distribution. The online division has to be downsized as a result of this decision (Legal Environments of Business). This paper will state the implemented decision made to maximize benefits for FastServe.

This paper will look at the following points: potential conflicts that may arise as a result of the decision, alternative dispute resolution techniques necessary to reduce the risks presented to FastServe by regulatory systems, a plan to implement selected alternative dispute resolution techniques at FastServe, and recommendation of metrics that FastServe might use to measure the effectiveness of the alternative dispute resolution techniques. It is very important to make the best decision to prevent potential conflicts.

Potential Conflict Identifications

Even though it is very difficult to make such decision as laying an employee off but nonetheless this decision should be made as the organization cannot afford too many employees managing the online marketing. Three out of the five mangers must be laid off. It is best to dismiss Jenny Mills, Carl Haimes and Nora Manson. Both Jenny Mills and Carl Haimes do not possess any critical skills the company will not lose much upon their dismissal. Nora Manson takes too many days off and is busy with other people's affairs rather than her own. Also, her productivity is below median.

Implementing the above decision may pose many problems for FastServe. The decisions may be deemed as unlawful discrimination. This can cause the organization to be in trouble with the law. Discharging an employee for reasons related to race, sex, age, religion, disability, national origin, and in some locations sexual orientation, may constitute unlawful discrimination (Legal Enviornment of Business).

Laying Jenny Mills off may be risky as she may have the reason to proceed with a pregnancy discrimination charge especially when there is no clear evidence that her performance is getting affected (Legal Environment of Business). Carl Haimes may kick up a storm with press or gay rights associations and the organization will have an unnecessary issue to deal with (Legal Enviornment of Business). Nora Manson may have the reason to proceed with race discrimination charge. She has grounds to form a disparate treatment case against FastServe especially with her special achievements and skill sets. Considering all the above potential conflicts an alternative dispute resolution technique should be selected to reduce the risk present to FastServe.

Alternative Dispute Resolution Techniques/Risk Reduction

Many Businesses these days are investing in designing conflict resolution systems to reduce conflicts in their organization and also avoid lawsuits. There are number of options FastServe can consider in order to minimize the risk it faces. The AlternativeDispute Resolution (ADR) techniques are widely implemented by industry to dispense quickly with many types of organizational disputes. ADR methods can be used as single or combined techniques in conflicts management. It "focuses on early resolution of employment discrimination complaints, and voluntary and effective alternative dispute resolution program. ADR embraces a myriad of mechanisms, approaches, and techniques" (Alliance for Education in Dispute Resolution). Examples of companies that have used ADR are as follows: Toyota Australia is Japan's one of the global manufacturing centers. It employs more than 4,750 people, including 3, 500 manufacturing workers. Having a greater number of employees means greater conflicts. Toyota Australia has a comprehensive seven-step problem resolution and disputes avoidance procedure in place to assist with resolving employee grievances and problems (Resolving Disputes on the job Para 2). According to James Dymock, employee relations and safety manager, this process can see issues escalated up to relevant management representatives until the issue is resolved. The process also involves employees' representatives and HR representatives.

If an employee's physical or mental health is affected by a dispute, employees can gain support through the on-site occupational health center and counseling support from the employee assistance program provider. There are also different health and wellbeing programs in place through Toyota's occupational health center (Resolving Disputes on the Job Para 3). Toyota Australia's strategy of using the seven-step procedure to resolve conflict is helping the company operate successfully with greater employees and fewer conflicts.

Laminex Group employs around 2,800 people across Australia and New Zealand has established stable and direct relationship with the workforce. According to Michael O'Sullivan, national human resources manager for the Laminex Group, "there are number of reasons why there are few disputes within the company". He significantly emphasized on establishing a stable and direct relationships with the workforce, which ensures employees have confidence in the ability of the business to address their concerns in a reasonable and timely manner (Resolving disputes on the job Para 4).

"Our HR team is skilled in conflict resolution techniques and is able to play a direct role in assisting managers and employees to resolve issues as they arise. Managers and supervisors are accountable for and have authority to resolve conflict