Comprehensive Report: Dispute Resolution at JKL Industries

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Added on  2023/01/13

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AI Summary
This report provides a comprehensive analysis of dispute resolution strategies employed at JKL Industries, a company involved in manufacturing and leasing operations. The report begins with an introduction defining dispute resolution and its legal context, focusing on a scenario involving employee concerns within the rental division. The main body of the report comprises two appendices: Appendix 1 presents a role-play scenario between an HR Business Partner and an HR Manager, depicting a dispute related to employee dissatisfaction and potential job losses. The role-play highlights the use of arbitration as a dispute resolution method and emphasizes the importance of equal opportunity policies and effective communication. Appendix 2 outlines an action plan designed to address the issues, including regular HR meetings, employee awareness campaigns, and the appointment of an arbitrator. The conclusion summarizes the importance of dispute resolution methods, specifically arbitration, in mitigating business disruptions and reducing costs. The report references relevant literature on dispute resolution and conflict management.
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Dispute Resolution
Guidance
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Table of Contents
INTRODUCTION ..........................................................................................................................1
MAIN BODY...................................................................................................................................1
Appendix 1- Role Play...........................................................................................................1
Appendix 2- Action Plan........................................................................................................3
CONCLUSION................................................................................................................................4
REFERENCES................................................................................................................................5
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INTRODUCTION
Dispute refers to the conflict or disagreement between two parties which is resolved with
the appropriate solution. In legal sense, it is the proceeding among the parties which is ended
with the application of various solutions of dispute resolution as provided in the law (Levin, ed.,
2016). This report is drawn on JKL Industries which deals in manufacturing of small trucks,
forklifts and spare parts (Sam, 2019). Also, there is a division which provides the forklifts and
small trucks on leases. The head office of the company is in Sydney, Australia. This report
comprises of two parts viz. Appendix 1 which is a role play depicting the dispute and its suitable
solution followed by a plan which is mentioned in Appendix 2.
MAIN BODY
Appendix 1- Role Play
HR Business Partner: Good morning sir, I have come here to represent the concern of
all the employees working in the rental division of the company.
HR manager: Yes, you can share the concern without any hesitation. We are here to
entertain your questions.
HR Business Partner: There has been number of circumstances which show that
employees working in the rental division are not happy with the current situations and fear that
they are going to lose their jobs. Also, it is not going to happen, they might be paid way too less
than what is being offered to other employees in the same industry.
HR manager: I have an idea about what is going on in their mind. But now that I know
the whole scenario and their queries, I will forward the same to the top management.
HR Business Partner: This is giving a negative impact on other employees as they do
not feel motivated the way they used to feel earlier. This is leading to lower productivity among
them resulting in delay in accomplishment of targets beyond the suggested timelines.
HR manager: I can understand the situation and their doubts. Therefore, I would like to
provide you with some information which can help take control before it gets worse.
HR Business Partner: Yes sir, we really need to have effective solution for resolving the
matter. This is going out of the hands now and need quick solution or ways to find a stable base
for resume the operations in the same manner as they used to be. This is going to make other
employees lose their sense of belongingness with the company.
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HR manager: We have arbitration as dispute resolution method in which, a third party is
appointed with the approval of the parties to resolve the dispute in a prompt manner. The person
is going to be called as arbitrator who will be independent and not affected with any factors.
Also, arbitration makes the decision final on the parties. There is one more thing which is to be
considered is that we have a policy for equal opportunity in which every personnel is given same
opportunity without any discrimination.
HR Business Partner: The policy is really good and can help me in finding a solution
which can help in making the situation controlled for an adequate period of time. This should be
the primary concern for the management and any delay in finding a suitable solution as per the
situation. I am giving my efforts to deal with the situation with the appropriate tactics which
should be there with in a leader and manager. I have also figured that, communication should be
made effective in order to convey the message from the top management to the staff.
HR manager: Apart from all the policies, legislations and practices, there are other
efforts such as change in the behaviour of the managers and leaders. This can help making the
employees understand the change that is being conducted in the organisation.
HR Business Partner: These will be workable if applied in current situation which show
the anger of the employees that can lead to strike. If the strike happens, this is going to destroy
the reputation of the company. And nobody wants such circumstance to come in the business.
HR manager: Yes, I agree with you and strike can be by developing the trust between
the employees and the management. This is because the Union is very powerful and they can
influence the employees against use which can lead to higher employee turnover. Also, you can
try to give them emotional support as they are emotionally driven at the current moment because
of the restructuring. We have to assure them, nothing is going to happen to their job and they will
get all the opportunities for their professional stability.
HR Business Partner: I wish to have a meeting with the staff so as to tell them that
getting equal opportunity is their legal right and they are protected with the laws. Also, they will
be made understood about the arbitration process in detail otherwise lack of knowledge can
cause the whole process more delayed. Also, I will appoint some leaders who can take the
situa6tion in their hands and manage the condition at their own level.
HR Business Partner: Thank you so much for understanding the demands of the
employees and providing a solution which can work in this situation. I will try to bring a
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situation of comfort among the employees by making them understand the benefits of this
restructuring. Also, I will conduct a meeting to highlight the points which can clear all their
doubts.
Appendix 2- Action Plan
Action plan is a foundation on which all the tactics and other guidelines are applicable for
carrying the decided activities in an orderly manner. It is the document which explains each and
every aspects of a plan that can impact the business (Menkel-Meadow, and et. al., 2018).
Therefore, JKL industries has formulated a plan which is mentioned below:
Action/Activity Time Frame Person(s)
responsible
Description of
strategy/tactic/ra
tionale for action
Resources, if
required
HR meeting with
manager (rental)
Weekly HR business partner Resolving the
queries of the
employees
Meeting room
Meeting with the
employees who
have queries
(rental)
Once a week
till the
solution is
attained
HR business partner
and HR manager
Increase the
awareness about
the employment
laws and
arbitration
method available
in the company
Meeting room
Appointment of
arbitrator and
Once when
the team has
reached the
final solution.
Arbitrator Resolve the
matter on the
basis of
documents and
other evidence.
Documents,
reports and many
more along with a
meeting room for
resolving the
matter.
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CONCLUSION
From the above report, it has been conclude that dispute is a conflict which can hinder the
business in number of ways and in substantial manner. There should be adequate laws and
regulations for controlling the matter which may affect the business negatively. Furthermore,
arbitration is one of the effective method in which arbitrator is appointed for obtaining the
solution which can conclude the whole situation. In this way, an organisation can save a lot of
expenses by not going for litigation and other proceedings.
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REFERENCES
Books & Journals:
Levin, P. ed., 2016, October. Construction contract claims, changes, and dispute resolution.
American Society of Civil Engineers.
Sam, N.A., 2019. Best Methods of Alternate Dispute Resolution to tackle Conflicts in the IT
Industry: A tactical approach to future IT contracts1, 2.
Menkel-Meadow, C.J., and et. al., 2018. Dispute resolution: Beyond the adversarial model.
Aspen Publishers.
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