HRMT Memo: Commendations, Employee Discipline, Policy, and Solutions

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This report presents an HR memo written by Mavia Sale, addressing a workplace dispute concerning employee discipline. The memo analyzes a situation where an employee's actions regarding refreshments at a shareholder meeting led to disciplinary action. It explores various conflict resolution methods, including setting aside the discipline, mediation, conciliation, and arbitration, evaluating their pros and cons. The memo recommends reversing the employee discipline, emphasizing the importance of open communication, fair treatment, and adherence to collective agreements. The analysis considers the company's objectives, the roles of the union and management, and the impact of employee satisfaction and skill development. The memo highlights the potential negative consequences of the manager's actions and suggests alternative approaches to resolve the issue, focusing on building positive relationships and promoting a respectful work environment. The author, an HR practitioner, offers recommendations to ensure a fair and productive workplace, despite potential personal conflicts.
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Running Head: HUMAN RESOURCE 0
HRMT
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HUMAN RESOURCE 1
Memo
To: Assistant Deputy Minister
From: Mavia Sale, HR
Date: March 26, 2019
Subject: Commendations relation with employee discipline
BACKGROUND
It is often found that collective contracts and procedures can result in various sorts of
disputes between employee and management in the company. This leads to filling of many
grievances and it is a similar situation currently talking about. It was found that both
employee and manager comes shows lack of understanding as, during the shareholder
meeting, soft drinks and snacks were not provided by the employees considering the manager
expectations. However, there are some series of steps and procedures that must need to be
taken into accounting as it may lead organisation to face huge cost as if the matter is not
resolved, the case may be going to arbitration. The focus is required to develop to this query:
Is there a policy or collective agreement break by employee. If findings result in stating that
employee did breach collective agreement or policy, there can be imposed certain rational
discipline on the employee.
Choices to study for resolution:
1. Set back the order of discipline: The manager is inflexible that workers
disciplinary action leads to employee suspension for 3 days with salary loss and
also there will also be impact on personnel life of the employee. Hence, without
the intervention of senior management or third party, this matter is hard to be
resolved. If this disciplinary action is enforced by the management, it can be seen
as an irrational punishment for an unintended action and may lead to deterioration
of productivity and distressed of employee satisfaction.
2. Meditation – It includes the arrangement of taking note of both management and
union of employees so that to come upon an unbiased disclosure (Hopt & Steffek,
2013). However, it may not be considered the decision as finally given up by
mediator as they operate to regulate and simplify discussions to benefit both sides’
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HUMAN RESOURCE 2
people to come on an acceptable contract on their own. This discussion can be
informal too and there is also low cost involved in the process enable both
management and union to come upon a conclusion by resisting from further
conflicts. However, the process may go longer if any of the party did not decide to
take out agreeable settlement and thus there will be no resolution with involving
wasting of money.
3. Conciliation: A conciliator is a setup allowing the respective parties to outline and
take a stand for the dispute in relation to grievance (Kilgour & Eden, 2010). It
enables the parties to listen from a neutral mediator to state both sides from their
outlook. The key goal of conciliation is to help and assist both union and
management with boost conversation with the planned end-result of each party to
come to an agreement at ease. However, there is a negative aspect also for
conciliation as only recommended decisions are given by conciliator. Neither
party is needed to agree upon the decision another time wasting money.
4. Arbitration: This is the last step taken out by both union and management when all
the above-mentioned processed is failed. An arbitrator is selected to reach to an
ultimate solution for settling the dispute (Stitt, 2016). The cost is also high in this
case of settlement. Considering this cast, it is $25, 000. Arbitrator analysis gives
all the relevant arguments and discussions with noting final and binding decisions.
This makes this option less desirable for both parties as it takes a lot of time and
cost (Stitt, 2016).
Recommended Option:
One of the best-recommended options is to inverse the employee discipline. Neither
the management, employee nor union want to face disturbing working environment and thus
it is necessary that all individuals work collectively to make the matter clear effectively and
within the organisation boundaries while considering the firm objectives. Bratton & Gold
(2017) also stated towards increasing the effectiveness of organisation while giving
importance to perception of shared purpose. In the long run, the organisation and
management will both be benefitted with open communication as it increases trust and
promotes respect. With regards to this, there can be fair day-to-day business if both unions
and management can team up ways to create the workplace effective for all the employees. At
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HUMAN RESOURCE 3
last, the organisation will prosper with both productivity and relationships when all
employees are assured that they receive clear representation from unions in extent with
adequate disciplinary action and also the management team promoting fair work environment
with collective agreements.
ANALYSIS
Considering that the company objectives are developed to attain a desired profit state
and success, in noting down this memo I focus to attain the respective business objectives -
1. To inform the union and management about their responsibility toward the work
so that to encourage a respectful and safe environment for their staff to work.
When there is open communication in the work environment and employee feel
respect during working activities, they mould to become more effective and
openly share their ideas and issues with the management in the company. It is the
accountability of Union to offer clear and necessary representation to unionized
employees in respect with appropriate disciplinary actions.
2. Help in holding productive employees in relation with retaining company
performance standards. It is in the company best interest when employees are
effective and productive as it can be considered in the firm best interest while
facilitating positive feedback. Deliberating that there are appreciated and are
included in the decision making will indicate they are a part of the organisation
and build a deep interest in the inclusive objectives and culture. On the other hand,
if top employees are not appreciated timely or mistreated they can slow down
their efforts in achieving organisation goal or also hamper productivity through
absenteeism. With regards to this, an unhappy employee could also show
resistance in development of their skills, and it may lead company to difficult
position as abilities and experience are hard to change or replace with a skilled
worker.
3. Help to build positive and respectful relationship between employer and
employee. Standing with open communication amid all individual levels in a
company is important for collaboration creating the end goal, achievable. The
solution to the issue will never come if employees perceive that they cannot share
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HUMAN RESOURCE 4
or communicate their problem or concerns that are bound to happen, among
individual of any level within the organisation. In addition, if employees see that
they will be reproved and admonished for all causalities, even unintended ones,
then the communication will be avoided by them in fear of correction and
confrontation.
4. Promote an environment where skill development will be undertaken by
employees to enhance their already well standards or to wish for promotion in the
enterprise. Employee will tend to perform better when they experience that skills
and knowledge are valued and considered. It will benefit both the parties.
The union can propose to continue with the mediation or conciliation if government
does not inverse the discipline. There are relationship and financial benefit in both the
processes however, if the manager is so obstinate with employee discipline, there is no option
for the union to move with arbitration for the purpose resolution. It is considered as a costly
option however, it involves binding decisions needs to be accepted by all respective parties.
After finalising a decision, one of the two parties may be disappointed and could more
dissolve the relationship between manager and employee.
It is also felt that manager position was one of entitlement and triviality. The approach
in which manager reacted in haste shows that employee was never engaged or a policy
transcribed to state that soft drinks and snacks were to be delivered at the meeting of
stakeholders. Considering that in past practice soft drinks and snacks had been given, the only
oversight the employee made was that the modification in refreshments did not converse with
the manager before the commencement of meeting. One of the main focus of area
organisation is cutting costs and employees are also performing in the best interest of the
organisation.
The decision of manager reflects embarrassment and fury. During the meeting, it is
also possible that a change in refreshment is questioned by stakeholder and manager is not
being conscious about the change, was trapped off guard being put on spot with answer to
why there were not any soft drinks or snacks. There should be proper communication with
the employees rather showing power and authority by the manager relating to embarrassment
and stated the disappointment with not being communicated of the refreshment change.
Before the meeting, it is the responsibility of manager to explain this thing however
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HUMAN RESOURCE 5
considering the case study, it was not shown to be done in meanness, but to evade any money
of taxpayers being spent merrily.
In the task of writing the memo, I was very uncomfortable knowing that my direct
administrator spouse was also the manager but being the HR practitioner, it is my
responsibility to handle issues at workplace that arise. Seeing that this objection would be a
dinner table topic between them, I still had to note down the memo with the suggestions that
would be effective to all parties showing potential consequences and implications that might
succeed as of grievances. I gave my suggestions in good faith and therefore I also expect that
my direct supervisor and manager treat me with due respect irrespective of my
recommendations. All the decisions I made in memo, I stand by those respectively.
I made the suggestions to inverse the employee discipline as I don’t sense that they
violated any policy or breached any segment in the cooperative contract. In addition, I have
no access to either document but I cannot predict any agreement or policy including a
segment on kinds of refreshments that must be assisted to stakeholders. This happening was
unintentional and insignificant and also the act saved the organisation an amount of $117 and
the employee did not disgrace the stakeholders or manager in any way. This whole incident
should have been dealt with the employee instantly after the fact. As it was not discussed
ahead of time, it could have stated to employees by the manager that her actions lead to
embarrassment. In addition, these actions can easily be prevented from re-happening with a
justification considering verbal warning.
I really feel that nothing of reasoning and discussion will mark the manager to alter
their opinion that the employee is penalised for what was seen as insubordination. The
necessary reputational and legal damage this objection could possibly found as of the labour
relations board seeing it as an unfair discipline would be harming to the enterprise, not to
refer the legal costs linked to it and an extra unnecessary cost to taxpayers.
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HUMAN RESOURCE 6
References
Bratton, J., & Gold, J. (2017). Human resource management: theory and practice. UK:
Palgrave.
Hopt, K. J., & Steffek, F. (Eds.). (2013). Mediation: Principles and regulation in
comparative perspective. UK: Oxford University Press.
Kilgour, D. M., & Eden, C. (2010). Introduction to the handbook of group decision and
negotiation. In Handbook of group decision and negotiation (pp. 1-7). UK: Springer.
Stitt, A. (2016). Mediation: a practical guide. London: Routledge-Cavendish.
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