Labour Relations Articles
Labour Relations Articles
Termination for ‘just cause’ (and without notice) is often described as the capital punishment of employment law. Consequently, employers face a significant burden when trying to prove just cause at law. Arguing just cause for dismissal may be difficult, but not impossible, especially in circumstances involving dishonesty or lack of trust. Nevertheless, employers should always exercise caution when making just cause allegations, because a legally unsubstantiated just cause termination can be costly. If an arbitrator overturns an employer’s termination decision in a unionized environment, this can result in a decision that reinstates that grievor and provides him or her with significant back pay. more
A workplace investigation will not repair dysfunctional workplace relationships. A workplace investigation neither builds bridges, nor resolves interpersonal conflict. In fact, an investigation may make a difficult work environment even more difficult. So how do we put Humpty Dumpty back together again, if all the King’s horses and all the King’s people could not? more
In the Queen’s IRC Strategies for Workplace Conflicts course, we start by asking participants what they would particularly like help with in their workplace. A common response is “difficult / high conflict people”. However you define it, this is a huge challenge in today’s workplace and, unless it is handled well, it takes significant time, energy and expertise away from the work to be done. Most people have heard about Serena Williams’ public outburst at the U.S. Open this fall. Her behaviour and words were shocking and unexpected. more
A habit can be defined as a “usual manner of behavior.” But what I know about conflict is that there is often nothing “usual” about it. What happens to those of us who support others in conflict is that we tend to reach for the same set of tools each time, although we often are trying to solve very different problems. Even with the best of intentions, these habits can result in frustration, shallow or even bad resolutions, and won’t meet the needs of the people in conflict. more
An Excerpt from BrainFishing: A Practice Guide to Questioning Skills
Many books have been written about negotiation strategy and the different approaches to negotiation, from interest-based to traditional bargaining to win-win to principled, and many more. Much less, however, has been written about the detailed mechanics of successful negotiation and problem solving, about the face-to-face tools and language skills we must master to be more effective negotiators. In particular, one of the most important skills is the “art of the question”. more