General: If the management takes action over employees' unsatisfactory work performance or conduct, but dismissal is not justified, its options include counseling, discipline, warnings, suspension, fines or withholding pay, suspension, either with or without pay, and fines or withholding pay can only be used if an award, agreement or individual contract specifically provides for them to occur. It is important to choose the action that is appropriate to the circumstances of each case, as the aim should be to improve performance or prevent a recurrence of unsatisfactory conduct, rather than to administer 'punishment'. Disciplinary action may be appropriate where counselling has been unsuccessful and/or where the situation is more serious, but …show more content…
The two terms labour-management relations and employer-employee relations are synonymously used. However, Scott and associates have distinguished between labour relations and employee-relations- the former to represent union-management/labour-management relations, and the latter to cover all management-employee relations except the former. We shall now examine the concept of industrial relations with the help of some definitions so as to understand its various …show more content…
This is the reason why Bethal and associates assert: “Industrial relations is that part of management which is concerned with the manpower of the enterprise.” Manpower of the industry can broadly be classified as management and workers. The relationship can either be cordial or otherwise which depends on the attitudes and approaches of management and those of workers. Such attitudes and approaches are complex and diverse. According to Tead and Metcalfe ,” Industrial relation is the composite result of the attitudes and approaches of employers and employees towards each other with regard to planning, supervision, direction and coordination of the activities of an organisation with a minimum of human efforts and frictions with an animating spirit of cooperation and with proper regard for the genuine well-being of all members of the organisation.” While attitude is the internal psychic or mental state of a person, approach can be external expression of such an attitude, and this determines mutual relationship. However, it should be noted that industrial relation is not a simple mutual relationship. It is a set of functional interdependence which is influenced by various factors-say, economic, social, psychological, technological, politico-legal, occupational,
Sloane. A. A., Witney, F. (2010). LABOR RELATIONS (13th editions). Prentice Hall. Upper Saddle River, NJ
David Brody argues that the rise of contractual or collective bargaining relationships during the post WWII era formalized the relationship between employers and unions, but simultaneously began to put a break on shop floor activism. Explain Brody’s argument and, where relevant, incorporate Weber’s theory of bureaucracy.
Deery, S. , Plowman, D. and Walsh, J. (2000), Industrial Relations, A Contemporary Analysis, McGraw Hill, Roseville.
History shows that there has been conflict of power within the workforce between union and management. This essay will discuss if management should have the right to determine whether a union should operate within their workplace. It is necessary first to discuss the roles of unions and management in the workplace and discuss both points of view on the power distribution between unions and management in the workplace.
The Australian Human Rights Commission (2011:p1) states that “Gender equality is a principal that lies at the heart of a fair and productive society”. If gender equality is the heart of a fair and productive society than the laws and regulations in place must be the key in maintaining a fair and productive society. If regulations and laws are not frequently discussed, debated and reviewed than issues such as sex discrimination in particular can be sufficiently dealt with or ignored. The Carter v Linuki Pty t/as Aussie & Anor [2005] NSWADTAP 40 (22 August 2005) will be used to demonstrate the regulations surrounding sexual discrimination. In this paper a thoroughly investigation into the recent changes in laws and regulations encompassing sexual discrimination will be conducted in relation to the case provided. By using the elements of the case the Sex Discrimination Act 1984 (Cth) (SDA) will be applied to the facts presented in order to explain the regulation surrounding this issue. Since the case involves a work related situation where the employee was discriminated on the basis of gender the SDA will be used. A Brief description on the impact of exclusion will be provided to demonstrate the causal link between exclusion and gender discrimination. Firstly, the case’s elements will now be analysed.
As factory operators pushed their employees to work longer and harder in order to increase profits, unions were formed. An example of this would be the fraternal organizat...
Factories were known for their ill treatment of their employees, long hours and dirty and unsafe conditions. In 1866, unions started to form to improve working conditions for the workers. A fundamental problem faced by democratic societies is as long as people live their lives individually and go their separate ways and be selfish individuals, they are unlikely to meet collectively to resolve issues. There needs to be meaningful unity among people to alleviate this problem to get people obliged to one another, so there is a willingness to sacrifice for shared goals. Bonding of its citizens creates a democracy. Unions seemed to offer the middle class a chance to become a crucial part of fostering institutions of constitutional democracy. The unions have went through several transitions, but have always worked for the working force. I will discuss the history of the various unions, their wins and losses, and the struggle of the employee to achieve democracy in the workplace.
In continuation, the concept of labor unions is quite simple. Labor unions have working members fuse together to become a powerful force. This powerful force works to ...
Early in American history during colonial times and into the middle of the 19th centry, relations between employers and those whom they employed were many times hostile and adversarial. Sometimes these disagreements between employee and employer would explode into violent confrontations. Workers wether skilled or not would fight with management over improved/safer working conditions, fair pay, long exhausting hours by uniting and form...
Managers know the importance of having positive relationships with their employees. It boosts the company’s goals while the lack of any relationship with the workers may lead to losses in the business. Most managers rarely know that they are looked up to by many employees and, as such, should be careful with the actions they take. Lee b. Bolman & Terrence E. Deal, the authors of the book The Reframing Organizations, point out that the kind of measures taken in the business influences the employees acts and thoughts. In particular, this book gives insight to managers on how to relate to their subordinates. The discussion is carried out on the three parts of the book that highlight the missteps taken by managers as they try to improve their businesses.
A collective bargaining agreement collectively sets the terms on which an employer offers individual work contracts to each of its employees in the bargaining unit. A bargaining agreement, also herein referred to as a labour agreement, is a legally enforceable written commitment, which states the rights and duties of all parties involved. The labour agreement should be made in good faith and is intended to be observed and not violated. The National Labour Relations Act obligates employers and unions to bargain in good faith concerning terms and conditions of employment, including hours and wages. Like any normal contract, competent parties must enter into a labour agreement. However, a labour agreement is unique from other legal contracts in that there is no consideration involved and nothing tangible is exchanged. Many, but not all, unions require formal ratification of a new labour contract by a majority membership acceptance, which is determined through vote by the members. Until majority approval of those voting in a ratification election is received, the proposed labour contract is not final. While each labour agreement is unique to the needs of an organization and its employees, most agreements include five issues: (1) Management Rights, (2) Union Security, (3) Wages and Benefits, (4) Individual Security (Seniority) Rights, and (5) Dispute Resolution. Management Rights “Management” is the process of working with people and resources to accomplish organizational goals by making the best possible use of money, time, materials and people. The management process, when properly executed, involves a wide variety of activities including planning, organizing, directing and controlling. It is management’s role to perform all of these functions in order to maximize results.
The relationship between employer and employees plays a pivotal role in the performance of the organization. Employers and employees have certain responsibilities towards each other which facilitate a fair and productive workplace. Positive work relationships create a cooperative climate with effort towards the same goals. Conflict, on the other hand, is likely to divert attention away from organizational performance.
Employment relations refer to the relationship between the employer and the employee. Employment relations are governed by the provisions of the employment contract and/or collective agreement where applicable, common law principles and legislative provisions governing specific situations. Many factors in the external environment have an effect on the employment relations within an organization, which they need to monitor and possibly adapt to the necessary changes. The external environmental factors that would influence employment relations are political, economic, social, technological, legal and environmental.
Industrial Relations is a multidisciplinary field dealing with the study of employment relationship in union and non-union organizations. There have been various theories of industrial relations in place, but the first and most influential theory was put forward by John Thomas Dunlop. Dunlop, as a labor economist, remodelled the work of sociologists and developed a framework of industrial relations system. He developed the System’s Theory which stressed on the interrelationship of institutions and behaviors that enables one to understand and explain industrial relation rules.
There are many different approaches and theories regarding industrial relations nowadays. In order to mount an opinion on which is the ‘best’ or most appropriate theory of industrial relations, each theory will have to be analyzed. The three most prevalent theories of industrial relations which exist are The Unitarist theory, The Pluralist theory and The Marxist theory. Each offers a particular perception of workplace relations and will therefore interpret such events as workplace conflict, the role of trade unions and job regulation very differently. I will examine each of these theories in turn and then formulate my own opinion regarding which is the ‘best’ or most appropriate theory.