In an ideal situation, there should be no disputes between the employer and the employees. But history points to the industrial revolution of the 19th century as the beginning of disputes between employees and employers. In the 19th century, poor working conditions led to enormous accidents and fatalities prompting workers to form powerful labour unions to mitigate against these dangers.
Labour unions, often referred to as labour organisations, are employees that negotiate better employment terms as a group as opposed to individuals. Anyone with a leadership role in an organisation is considered to be part of management.
Those early days saw extremely dangerous clashes that often led to fatalities on either side. Today, engagement between the two are more civil, with labour laws recognising the need for employees to form unions.
Whenever a dispute arises between an employer and the employees, human resource professionals sit pretty silent waiting to implement resolution of such disputes. However, human resource managers should be part and parcel of the dispute resolution, acting as neutral arbitrators.
There is more that HRM can actually do. HRM is the conduit between the employer and the employees. On one hand, ensuring that employer’s goal of increased productivity and reduced costs are fulfilled, on the other, ensuring that employees’ welfare is addressed. HR becomes the voice of reason in balancing these demands.
As a liaison between the two antagonists, HR acts as a neutral mediator, negotiating to assist the parties reach an agreement. HR brings sense to the two groups by referring to the labour laws, and handling labour disputes in a sober way that prevents the possibility of the matter spilling into litigation or strikes. In addition, s/he is involved in the implementation of bargaining agreements on salaries, allowances and pensions.
By relying on labour laws, signed agreements,and adhering to regulations of external bodies such as the Salaries and Remuneration Commission in the Kenyan context, HR actions are meant to conform to the country’s laws and are part of their professional obligation.
The actions enhance the professionalism of the HRMs, and protects them against potential litigations in case the dispute spills over to courts. Oftentimes, one critical person who stands in the dock to defend the actions or omissions of the organisation is the HRM. The reputation of such HRM is tainted when s/he is more in courts that at the workstation.
It is understandable that HR is part of management. Therefore, the affinity to go with management’s position tends to be natural. However, while it is considered unprofessional for the HRM to go public antagonising management’s decisions, s/he should work behind the scene to bring everyone onboard.
By privately engaging the employer and the employees with facts, relevant labour law clauses and evidence-based benchmarks from similar organisations, disputes are avoided and everyone is satisfied. The worse mistake is to sit on the fence.
My HRM senior and mentor tells me that he occasionally reminds managers that every person is an employee first then a manager by option. He emphasises that the leadership position can be snatched way, but the PF – personal file number that identifies one as a bona fide employee, always remains.
Indeed, history attests of managers after termination, defaulting to mere employees sometimes, getting rescued by the very same labour unions they were critical of before. Employee welfare, so long as is within the stipulated regulations and has the backing of signed agreements, or related government agency, becomes the rallying call.
Otherwise, when the union’s demands have no backing, he is equally quick to dismiss them. What is important is truth and facts, an oath that all HRs have vowed to defend – lesst their practising licence is taken away.
If both or one of the parties ignores such wise counsel, the HRM is at liberty to seek advice from the HR professional bodies. This explains why most professions have professional bodies behind them. HR professionals are encouraged to be members of professional bodies that protect their independent decisions and can articulate on their behalf.
Certified human resource professional and member of Institute of Human Resource Management