Highlights
Assignment: Conflict Resolution
The purpose of this assignment is to draw connections and apply your learning from Modules 4, 5, and 6. You will assess a scenario involving problematic employee behavior and determine the proper steps to take toward resolving the situation in the most appropriate and least disruptive way possible.
This assignment provides you with an opportunity to demonstrate the achievement of the following course learning outcomes:
Understand employer and union responsibilities regarding human rights issues, and the impact of such responsibilities on labour relations.
Identify the aspects of an effective workplace investigation and understand its importance and how it supports processes associated with discipline and discharge.
Apply an interest-based approach to enable an effective partnership between the employer and union in administering the collective agreement, handling grievances, negotiating agreements, and resolving disputes.
Read This Scenario
Anita supervises both Carole and Giovanna, who are Packers at a large manufacturing plant. Both Carole and Giovanna are members of the same union and work as part of a team along with four other Packers. Anita, as management, is not a member of the union.
Yesterday, Carole came to Anita to file a complaint that Giovanna has been harassing her. Carole provided Anita with a copy of her personal journal, in which she has documented in real time months of interactions between herself and Giovanna. The journal includes quotations of belittling and derogatory comments regularly made by Giovanna about Carole in front of their work group of other Packers. Carole also provided Anita with an audio recording of an altercation between herself and Giovanna that occurred two days ago, which Carol described as being “the last straw”. Carole presented to Anita as very distressed and said that she can no longer continue to work alongside Giovanna, as the harassment is taking a significant toll on her mental health. Carole asked Anita to take immediate action, which she expects should be the termination of Giovanna’s employment. Carole said she was unwell and needed to take yesterday as a sick day.
Anita permitted Carole to take the day as a sick day and committed to looking into her concerns immediately. Anita immediately pulled Giovanna off the packing line and asked a union steward to join her as she spoke to Giovanna off to the side of the production line. Anita told Giovanna that one of her co-workers had filed a complaint that Giovanna has been harassing them. Giovanna asked which co-worker and Anita replied that it was not relevant who had come forward. Anita asked Giovanna to provide an explanation for her behaviour.
Giovanna stated that she had no idea why anyone would say that she had harassed them and that she would never do something like that as it was not in her nature to do so. Giovanna appeared to be genuinely upset that such an allegation had been made about her, and assured Anita that she would like to apologize to the person who must have misunderstood her intentions. Giovanna reminded Anita that she had been working for the company for nearly 20 years and no one had ever raised a concern before – in fact, Giovanna had never had any issues at work before. Giovanna returned to work, but was distracted and fumbled her work throughout the afternoon, causing the team to miss their productivity targets.
At the break, Anita gathered the four other team members in her office and told them that Carole had filed a harassment complaint against Giovanna and that Giovanna had denied the allegations. Anita asked the team for their opinions, based on their experience working with both of the women. Two of the team members were new, as they were replacing workers on vacation. These two had never witnessed any harassment but were very curious to know specifically what was alleged to have happened. The other two team-members were divided in their opinion – one had certainly witnessed Giovanna repeatedly and over a long period treating Carole poorly, calling her names, putting her down, and generally “making her life miserable”. The other team member spoke vehemently in Giovanna’s defense, saying that the only time she has heard Giovanna say anything negatively toward Carole was in response to Carole’s slow pace on the line – which caused them all to miss their productivity targets on a regular basis.
Anita determined that, on a balance of probabilities, given the journal evidence, the audio recording, the evidence of the team, and her assessment of Carole’s credibility, Giovanna had more likely than not engaged in the behaviour as alleged. Anita calls her Employee and Labour Relations Specialist to discuss the termination of Giovanna’s employment. A senior leader at the company is required to approve recommendations for any disciplinary matters before they are implemented.
Write Recommendations
Imagine you are an Employee and Labour Relations Specialist working for the company in the scenario. Write a report addressed to a senior leader at the company, outlining your initial assessment and recommending next steps to handle this scenario. In your report, be sure to include the following:
Summarize the alleged culpable behaviour.
Summarize the investigation taken by management to this point, and identify any weaknesses with that investigation.
How did the investigation meet, or fail to meet, the principles of procedural fairness?
What improvements would you recommend to ensure an arbitrator would uphold the investigation process as fair?
Assuming the investigation process had been conducted fairly, and the findings were ultimately the same as Anita’s conclusions, identify any other preliminary steps that should have been taken or additional information you would like to gather before proceeding with making a disciplinary recommendation.
Identify any aggravating and mitigating factors present in the scenario, and recommend an appropriate level of discipline. Include the rationale for your recommendation.
Structure
The report should be written in full sentence structure. Optional formatting, such as a memorandum format, sub-headings, and bullet points may be used at your discretion, based on your preferred approach.
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