Conflict management
Constitution 108 of 1996 as amended
: The South African Constitution was promulgated on 18 December 1996 and came into effect on 4 February 1997. It is the fundamental law of South Africa and no other law or contract may supersede (override) the Constitution. The principle of human rights is one of the core values of the Constitution and the Preamble of the Constitution clearly states the intention of establishing "a society based on democratic values, social justice and fundamental human rights". This helps to redress inequalities of the past when the gross abuse of the human rights of certain groups of people in South Africa occurred. The issues detailed in the Bill of Rights in the Constitution form the cornerstone of our democracy and include aspects such as: The right to just administrative action which gives citizens the right to challenge government regarding the way in which they are treated if they feel it is unfair. This has been and will continue to be tested when citizens take matters to the constitutional court. Being able to do this is something that should give citizens peace of mind, knowing they have the right to challenge the government on certain issues, if need be. The right to citizenship and freedom of movement in and out of the country. People have political rights which mean they can form a political party, run for office and support any political party by voting for that party in elections. This is a sign of a true democracy as this occurs every time there is an election and new political parties are registered. People have the right to housing, food and water, health care and social security. The question, nevertheless, arises whether the current government is honouring its promises in this regard or, at the very least, if there is evidence of these rights being achieved quickly enough. Children under the age of 18 have special rights such as protection from abuse and exploitation. People have a right to basic education, but unfortunately too often we hear about schools being mismanaged, non-delivery of textbooks to schools, and teachers striking. IEB Copyright © 2018 PLEASE TURN OVER NATIONAL SENIOR CERTIFICATE: BUSINESS STUDIES: PAPER II - MARKING GUIDELINES Page 19 of 30 People may not be unfairly discriminated against on the grounds of gender, race, religion, marital status, disability, pregnancy, language, culture, age, etc. This refers to the concept of inclusivity. However, something like affirmative action is seen as fair discrimination due to the limitation clause. People may do whatever work they choose, because citizens are entitled to freedom of trade, occupation and profession. People have freedom of association which means workers may belong to the trade union of their choice and may even strike if the correct procedures are followed. Employers also have the right to belong to employer organisations to further their aims. People have the right to assemble peacefully, demonstrate and protest, provided the correct procedures have been followed. Citizens have the right to live in an environment that is not harmful to their health or well-being. The Constitution also guarantees future generations' rights by demanding that people become more aware of environmental issues, that conservation is promoted, that businesses focus on sustainable development and that technology is used in such a manner, that where possible, pollution is prevented.
Different types of strikes and other industrial action:
A strike can be defined as two or more employees that refuse to work based on a shared, work-related purpose. A go-slow takes place when workers still work, but they decrease their rate of productivity. Work-to-rule is a form of industrial action where workers do no more or no less than the minimum requirements described by the rules of a workplace. Intermittent strikes take place when employees stop and start the same strike, often extending it over a period of time. When employees refuse to work any overtime, it is a form of industrial action known as overtime bans. Picketing refers to a situation where striking workers demonstrate in a public place outside of the workplace. Only a registered trade union may organise a picket, and it must meet the requirements as stipulated in Code of Good Practice on Picketing issued by NEDLAC. Secondary (or sympathy) strike action takes place when employees strike in support of another strike. In order for the secondary strike to be protected (see below), the original strike has to be protected, i.e. the correct procedure has been followed.
P2 of reasons for conflict
Change brings uncertainty and this may lead to conflict as there is often resistance to change. It is much more comforting to keep doing things the way they have "always been done". Unfortunately, any business that stagnates and fails to adapt to changes in the macro environment or to new demands from consumers will not be successful. - Change management is crucial to the success of any manager. Employees need to understand what the changes are and why changing certain things are important to the success of the business, and how the necessity for change is important to them too. In order to achieve this, change must be managed in a way that enables people to face challenges effectively. A two way communication strategy makes employees feel valued and contributes to higher levels of buy-in. Training employees in the new strategy is also important, as it will empower the people to remain competent and enable them to cope. It is also useful to identify the leader in the group (not necessarily the manager) and achieve buy-in from him/her so the rest of the group will follow his/her lead and accept the change. Limited resources and competition between team members for these resources may lead to conflict. The conflict may be functional if it inspires team members to work harder (e.g. working on a commission basis), but it could also contribute to people feeling there can only be one winner, which may provoke anti-productive behaviour. - The manager must constantly remind team members that although they may sometimes have to compete with one another, ultimately each one will contribute to the overall success of the business. Similarly, individual success contributes to the success of the whole team. Previously unresolved issues may "erupt" in conflict in the future. Sometimes the easiest way to deal with conflict, is not dealing with it at all. The manager may hope that by ignoring the conflict situation, it will disappear. For a short while, it may very well appear to be the case. But unresolved issues will remain an issue for as long as both parties are required to work together. This unresolved conflict may even escalate and become a more serious problem if the manager thinks the solution is to put his/her head in the sand and ignore the issue. - The manager must deal with any conflict situation as soon as it arises. Ignoring the issue or becoming too involved in the situation may hinder his/her capacity to think logically and to act decisively.
Collective bargaining and bargaining structures
Collective bargaining can be defined as the process where the employer (management) and employees (represented by a trade union) discuss issues of concern in order to reconcile their conflicting goals and reach an agreement on these topics. Management is prepared to engage in the process of collective bargaining, because it enables negotiation with one set of people and not individual employees. The employees are prepared to allow the trade union to represent them, because it gives them enhanced bargaining-power. When an agreement is reached, the terms of the settlement will be recorded in a collective agreement and all parties sign the agreement and are then bound by that agreement. The Labour Relations Act also makes provision for centralised collective bargaining. This is when employers in a particular sector join forces to negotiate with one (or more) unions representing the employees in that sector. For example, a group of car manufacturers may get together to negotiate with unions representing employees in the car manufacturing industry. Under section 28 of the LRA, bargaining councils may be formed by employers' organisations and trade unions in a particular sector. NEDLAC (see below) must agree that there is enough representation of both employers and employees on the proposed bargaining council before it can be established. This level of representation is important, because agreements reached within the bargaining council will apply to all parties in that sector, regardless of whether they were part of the agreement or not. Nevertheless, if an employer in the sector feels the agreement is to his disadvantage, he may apply to be exempted from the agreement. The functions of a bargaining council are to: negotiate and enforce collective agreements on issues such as wages, benefits and grievance procedures. design and submit proposals for policies and laws that have an impact on that sector. prevent and resolve labour disputes in that sector/industry. establish training and education schemes in that industry. A statutory council is similar to a bargaining council, BUT agreements reached at the statutory council cannot be extended to other parties in the sector/industry without the approval of the Minister of Labour. The minimum requirement for the establishment of a statutory council is 30% representation of employees and employers operating in that sector.
Conflict management: functional vs. dysfunctional conflict
Conflict can be defined as the negative differences of opinion or the varied emotions people experience often due to a dispute over a particular issue. When we hear the word conflict, it is usually associated with undesirable emotions, and understandably so, because it suggests that someone does not agree with an opinion/ situation. It is, however, possible that conflict may lead to a positive outcome, as when someone who is unfamiliar with the Jewish religion offers his new Jewish colleague a piece of his ham sandwich. For the Jewish person that may be a sign of disrespect and may very well lead to conflict between the two colleagues. If, on the other hand, the Jewish person explains why he would not share the sandwich, it may lead to a better understanding between the two colleagues, and ultimately even more respect for each other's culture and religious beliefs.
Possible outcomes of functional conflict
Conflict may create awareness that there is a problem, which can then be solved. Team members may start to consider a wider range of ideas, which may result in increased participation by people who were not interested before (no more "group- think"); creativity and even higher productivity may be stimulated. Perceptions that may not be accurate are discussed and misconceptions cleared. Clarification of individuals' views occurs and cooperation ensues.
Dismissal due to incapacity (inability to meet the required standards)
Dismissal due to incapacity can be sub-divided into two categories: Poor work performance: - Examples may include incomplete or inaccurate work, work of a poor standard, carelessness regarding output or failure to meet deadlines. - The employer has to prove that the required work standard was fair, that the employee was aware of the required standard and that he/she was given sufficient support (e.g. training) to improve performance. - Demotion or a transfer to another job should be considered before an employee is dismissed (if this may solve the problem). IEB Copyright © 2018 PLEASE TURN OVER NATIONAL SENIOR CERTIFICATE: BUSINESS STUDIES: PAPER II - MARKING GUIDELINES Page 21 of 30 Poor health preventing the employee from meeting the required standards: - The employer should try to modify or adapt the employee's tasks, if possible, to enable the employee to meet the required standards. - Extended unpaid leave should be considered if this will enable the employee to recover and thereby return to perform his/her duties to the required standard. - A transfer, to another more suitable position, should be considered before dismissal based on ill health occurs.
The benefits from the employee's perspective if it is a protected strike:
During a protected strike, the employees have the security of knowing they cannot be dismissed. If, however, they engage in misconduct during the strike, they may be dismissed for the misconduct, but not for participation in the strike. Employers cannot get a court interdict to stop the strike. IEB Copyright © 2018 PLEASE TURN OVER NATIONAL SENIOR CERTIFICATE: BUSINESS STUDIES: PAPER II - MARKING GUIDELINES Page 25 of 30 Employers are not allowed to seek damages because of loss of production during the strike. Employers have to continue to provide food and accommodation for employees if it is part of the employees' remuneration. Once the strike has ended, employers may go to the labour court as a means to reclaim the money spent on accommodation and food during the strike.
Dysfunctional conflict
Dysfunctional conflict is often the result of people's misperceptions, their ambitions and egos and/or an unwillingness to compromise. Misunderstandings and a lack of communication are central to dysfunctional conflict. The manager has to step in if the conflict situation has a negative impact on productivity to ensure that the conflict situation is resolved; dysfunctional conflict may continue to hinder group performance, waste resources, be counterproductive, and undermine group cohesiveness. If a compromise cannot be reached between the conflicted parties, the manager may have to force employees to set aside their differences and cooperate to achieve the goals of the organisation.
When is it not a protected strike?
If the correct procedure has not been followed. If there is a collective agreement in place that states workers may not strike over a particular issue, and the matter must first be referred to the labour court. If workers are engaged in an essential service, the strike will not be protected. Essential services include: - The South African Police Service - A service, which if disrupted, may endanger the health or safety of a part of the population (e.g. doctors or nurses) - Parliament
Reasons of conflict
In the workplace there are people with different personalities, who not only have to work together to achieve the overall goal of the business, but also to realise their personal goals in terms of their ambitions. Egos often get in the way when people do not want to compromise and insist on their way of doing things. - The manager should assess the situation. If the conflicted parties are not able to resolve the situation, he/she should intervene to get people to focus first on the business at hand, before trying to promote their own agendas. Differences in backgrounds, cultures and values often ruffle feathers and lead to irritations and lower productivity. - It is important to address these types of issues as soon as they become a problem. Employees should be reminded that sensitivity is required when dealing with these often complex differences especially in a country like South Africa, with people from so many backgrounds. Sensitivity training and developing skills such as time keeping, respecting interpersonal space and emotional intelligence will go a long way towards managing this type of conflict. Poor communication leads to misunderstanding, because facts are interpreted in different ways. This may lead to role overload (where one person has to do more than he can cope with), role conflict (where team members all want to perform a certain task) or role ambiguity (team members are not sure of the roles each has to play). Poor communication may also contribute to people not meeting deadlines, or not informing someone in time of a problem meeting a specific deadline, so that contingency plans can be put in place. - All barriers to communication should be removed. This may include issues such as poorly phrased messages, poor use of language, distorting the message, and disturbances such as noise or interruptions.
Industrial relations, collective bargaining and industrial action
Industrial relations can be defined as the relationship that exists between the employer (management), the employee (often represented by trade unions) and other institutions such as government. The aim is to establish industrial peace by ensuring high worker morale and a functional workplace where productivity is high. Collective bargaining refers to the process that takes place when the employer and trade unions (representing the employees) negotiate the terms of employment. Issues that may be addressed during these negotiations include: Employment and working conditions. Salaries and wages, overtime pay and other benefits such as health care and retirement. Working hours. Issues relating to annual leave and sick leave. IEB Copyright © 2018 PLEASE TURN OVER NATIONAL SENIOR CERTIFICATE: BUSINESS STUDIES: PAPER II - MARKING GUIDELINES Page 24 of 30 Industrial action refers to steps that workers take to enforce their demands if the collective bargaining process fails to meet their demands. This industrial action may take the form of strikes, go-slows, work to rule or picketing which employees use to air their grievances and enforce their demands. According to The Labour Relations Act, employees have the constitutional right to strike, provided they follow the correct procedures. Employers on the other hand have the constitutional right to implement a lock-out as recourse to the strike.
Possible outcomes of dysfunctional conflict
Possible outcomes of dysfunctional conflict: A climate of mistrust that has a negative impact on teamwork and cooperation. Blaming each other, backstabbing and gossip. Higher levels of stress and anxiety which contribute to lower levels of job satisfaction. Lower morale and increased staff turnover (which result in higher costs). Waste of time and other resources. Sometimes even violence.
Some of the most frequent reasons for industrial action include:
Remuneration issues. To have a trade union recognised. If the employer made unilateral changes to working conditions. Protected vs. unprotected strikes: In order for a strike to be considered a protected strike, certain procedures have to be followed: Before the strike can take place, the issue over which workers want to strike, must be referred to the CCMA, a bargaining or a statutory council. The CCMA or council has 30 days during which they must aim to resolve the issue. If it is not possible to resolve the issue, a certificate must be issued stating this is the case. In the private sector there is a 48 hour notice period to inform the employer that workers are planning to strike. If the employer is the state, the notice period is seven days.
Dismissal due to operational reasons (retrenching workers)
Section 189 of the LRA prescribes the procedures to be followed when retrenchments are implemented. Retrenchments may be implemented for a number of reasons such as: The restructuring of the department or business. If the business has economic reasons such as cost reduction (or to increase profits, although trade unions may object to this). Technological reasons such as new machines necessitating fewer employees, and making some employees redundant. The business is closing. In order for retrenchments to be procedurally fair, the employer must provide evidence to justify: Possible steps that were taken in order to prevent or minimise the retrenchments. The reasons for retrenchments and whether alternatives were considered. How much consultation with the affected employees and their representatives took place. Criteria used to identify employees for retrenchment. Notice periods given to employees affected by the retrenchment process. Offers of severance pay. Whether offers of re-employment may occur at a later stage. Unfair treatment and unfair dismissal If there is a dispute about any unfair labour practice, it may be taken to the CCMA. The CCMA will try to resolve the situation through conciliation, mediation and if needed, arbitration. When one looks at what constitutes unfair treatment, the following types of actions are included: Unfair treatment regarding the allocation of benefits. Unreasonably long probationary periods. Unfair discrimination which is based on race, gender, language, religion, culture, sexual orientation, age, disability, political orientation and family responsibilities. There are, however, times when it would be fair to discriminate based on some of these factors (refer to the discussion of the limitation clause earlier). Examples may include: - Affirmative action to redress imbalances of the past; justifying discrimination when promotions are made or for training purposes.- If the job requires a specific orientation such as a Christian church looking for a minister; it would be bizarre to expect the church to employ a non-Christian person in this position. Unfair suspension or unfairly subjecting an employee to any form of disciplinary action. Failing to re-employ an employee when such agreement was reached. Treating an employee unfairly after whistle-blowing (whistle-blowing is when the employee discloses unlawful conduct in the workplace). Trying to prevent an employee from belonging to a trade union.
CCMA
The CCMA will try to settle disputes that were referred to them. They will go through a process of: Conciliation where they listen to both sides, but merely act as an independent party, while both sides discuss their respective points of view. If no consensus can be reached between the two parties, the next step will be mediation. During mediation, the CCMA representative will make a recommendation on how the dispute should be settled, but the recommendation is not binding. Arbitration is the third step in the process. The arbitrator will issue an instruction on how the dispute should be settled and this instruction is binding on both parties. If one of the parties feels there was an oversight by the CCMA representative in dealing with the issue, it may be referred to the labour court. The aim of the CCMA is to prevent labour disputes from escalating into labour unrest. The CCMA is not affiliated with any political party, employer organisation or trade union. Consequently, in dispute resolution, its unbiased opinion/position is recognised and accepted. Another important service provided by the CCMA is training on issues such as: The prevention of sexual harassment in the workplace. Disciplinary procedures. Workplace restructuring. Affirmative action programmes. There are a large number of acts or laws that may have an impact on the business and how the business is managed. Legislation differs from country to country. The content discussed in this section may not be applicable to labour-related situations in other countries. Prior to 1994 when the first democratic elections were held in South Africa, there were a number of laws that discriminated against certain groups of people (now known as Previously Disadvantaged Individuals or PDIs).
Labour Relations Act 66 of 1995 as amended (LRA)
The Labour Relations Act has as its main aims to: enforce the fundamental rights relating to labour issues that are guaranteed in the Constitution. promote economic development, labour peace, social justice and democracy in the workplace by providing a framework for collective bargaining to solve labour disputes. The LRA applies to all employers, employers' organisations, employees and trade unions, but does not apply to members of the National Defence Force, National Intelligence Agency and the South African Secret Service. If a business does not comply with the LRA, the trade union representative or any employee may refer to the issue to the CCMA and/or the Department of Labour.
Substantive and procedural fairness
The Labour Relations Act is very clear on the procedure that needs to be followed, as well as the three acceptable reasons to be implemented by an employer dismissing an employee. The three reasons that constitute substantive fairness when an employee is dismissed are: Dismissal due to incapacity (inability to meet the required standards) Dismissal based on misconduct (not adhering to the rules) Dismissal due to operational reasons (retrenching workers) Each of these reasons will be discussed, followed by an examination of procedural fairness. It is important to keep in mind that regardless of the reason for an employee's dismissal, the correct procedure has to be followed otherwise the dismissal may be seen as unfair.
Procedural fairness for incapacity and/or misconduct:
The complaint should be put in writing and fully investigated, with the investigation process recorded in writing. This may include taking statements from the complainant and all witnesses. The accused should be advised of the full nature and details of the charge(s) against him/her and given full access to all written statements collected. The date, time and venue of the disciplinary hearing should be given to the accused in writing. The accused should be given reasonable time in which to prepare and to appoint his representative for the disciplinary hearing, but it is important to not delay the disciplinary hearing unnecessarily. The accused is entitled to have an interpreter if he/she is not comfortable with the language in which the disciplinary hearing will be held. The complainant presents his/her case first by giving evidence and calling witnesses to testify. The accused is given an opportunity to cross-examine witnesses. The accused then presents his/her defence and calls his/her own witnesses. The complainant will have the opportunity to cross-examine the accused's witnesses. IEB Copyright © 2018 PLEASE TURN OVER NATIONAL SENIOR CERTIFICATE: BUSINESS STUDIES: PAPER II - MARKING GUIDELINES Page 22 of 30 The chairperson of the disciplinary hearing decides on the guilt or innocence based on the evidence presented by both sides. At this stage no aggravating or mitigating circumstances are considered - only the facts relating to the disciplinary issue. The chairperson decides on the verdict. If the accused is "not guilty", this is confirmed in writing and given to the accused, and the matter is closed. If the verdict is one of "guilty", then the chairperson considers aggravating or mitigating circumstances and decides on a fair sanction (punishment). - These aggravating or mitigating circumstances may include the age of the employee, employee's state of health, length of service, level of education, position in the company, remorse shown or any other valid point. The chairperson will advise the accused of his/her rights to appeal and to take the matter to the CCMA.
Dismissal based on misconduct (not adhering to the rules)
The disciplinary code of the business should stipulate which offences are seen as more serious than others and what the disciplinary action associated with each offence will be. An employee may be dismissed for a less serious offence if all other methods to correct the behaviour have failed. Some offences, however, are serious enough that they may warrant immediate dismissal. Forms of misconduct may include, but are not limited to: - Abuse or unauthorised possession of company property. - Actions that are a threat to the safety of the employee or others. - Being under the influence of alcohol or any illegal substance. - Bribery and corruption. - Failure to adhere to rules. - Fighting. - Illegal industrial action. Before the employee is disciplined for misconduct, it should be established that: - The employee contravened a rule or standard in the workplace. - The rule or work standard that was contravened, was a valid rule or reasonable standard. - The employee was aware or could reasonably be expected to have been aware of the rule or standard. - The rule or standard is consistently applied by the employer. - The appropriate sanction for the contravention of the rule or standard is implemented (verbal warning, written warning or dismissal - whichever is appropriate).
Unfair dismissal
The employee is dismissed because he/she participated in the activities of a trade union or workplace forum. The employee is dismissed when he/she is taking part in a protected strike. The employee is dismissed due to pregnancy or any reason related to her pregnancy or the employer refuses to allow an employee to return to her job after her maternity leave. The employer ends a contract of employment without appropriate notice to the employee. The employee is dismissed due to arbitrary factors such as race, age (except on retirement), gender, sexual orientation, religion and/or family responsibility. The employer makes the working environment impossible for the employee to tolerate and thus the employer "forces" the employee to resign. This is known as constructive dismissal. Remedies for unfair dismissal may include: Re-employment. Compensation (the maximum compensation will be the equivalent of 24 months' salary). Combination of the two. Re-employment will not be an option if: The dismissal was substantively fair but only procedurally unfair. The employee does not want to be re-employed. The continued employment relationship will be intolerable for either party. It is impractical for the employer to re-employ the worker.
What is a lock out
The employer prevents employees from entering the workplace in an attempt to force them to accept the employer's demands. During a protected lockout (the employer followed the correct procedure), the employer does not have to pay wages and employees cannot sue the employer for loss of income.
The importance of discipline, disciplinary procedures and grievance procedures in the workplace
The purpose of discipline in the workplace (or anywhere else) is not to punish or embarrass people, but rather to ensure the correct behaviour by all parties, i.e. that employees are adhering to the company rules and, if this is not the case, to correct this behaviour immediately, but also to prevent it from happening in the future. Not all infringements are equally serious. Some are minor infringements, while others may be so serious that it may endanger the person or other people's lives. When the manager decides on the most appropriate form of discipline, it is usually best to implement the "softest" disciplinary measure appropriate for that specific situation. If this does not correct the problem, more serious disciplinary action may be taken. This is known as a progressive approach to discipline. From least serious to most serious, the following steps may be taken to correct behaviour: - Coaching and counselling where the manager will determine what can be done to ensure appropriate behaviour. A plan of action follows (with support from the manager) to ensure the employee complies with what is expected from him/her. The employee needs to understand that if behaviour does not change, more serious steps may be instigated. IEB Copyright © 2018 PLEASE TURN OVER NATIONAL SENIOR CERTIFICATE: BUSINESS STUDIES: PAPER II - MARKING GUIDELINES Page 20 of 30 - Correction refers to a more formal approach to intervention and may include verbal warnings, written warnings, suspension, demotion or even dismissal. There is a common misconception that the manager always has to issue three warnings before an employee may be dismissed. This is not true. When the problem is not serious, the manager may use numerous (informal and formal) verbal warnings, before a written warning is given. If however it is a serious problem, the consequence may be immediate dismissal, provided the correct procedures (discussed later) were followed. It is important for employers to have a disciplinary policy and a grievance procedure in place. The purpose of these two documents is to ensure employees meet the required work standards and that they act in a manner that promotes improved job performance. The difference between the two documents is: - A disciplinary policy provides guidelines and informs the employee on what is acceptable behaviour and what the expected standards are that should be met, as well as what consequences will ensue if behaviour is unacceptable. - A grievance procedure allows the employee the opportunity to resolve a grievance (problem) related to his/her employment by communicating with the employer about the problems via a predetermined procedure and structure. The employee will usually take his/her grievance to the supervisor. If it is not resolved it will be taken to the line manager (functional or departmental manager). Should the problem still persist, it is usually referred to the human capital manager. The CCMA, labour court and labour appeal court are the external bodies that may be consulted if the grievance is not resolved internally.
Recommendations regarding the management of conflict in the business
The requirements of the specific situation and the skill of the manager, will determine which conflict-handling approach will work best. When an accommodating approach is followed, the person will be cooperative and not assertive. He/she will probably neglect his/her own interests and even sacrifice some of his/her beliefs when yielding to the other's point of view. A person opting to avoid the conflict situation ignores the conflict by withdrawing from the situation or postpones dealing with it till a later stage or avoids the situation by getting someone else to deal with the conflict situation. If it is not an important issue, this approach may very well work - almost like the saying "pick your battles carefully". When collaborating/cooperating, the parties try to work with each other in a situation that fully satisfies everybody involved. When collaborating, the parties attempt to find a solution that fully satisfies everyone's concerns. This will usually take time, as the underlying differences must be uncovered and addressed. IEB Copyright © 2018 PLEASE TURN OVER NATIONAL SENIOR CERTIFICATE: BUSINESS STUDIES: PAPER II - MARKING GUIDELINES Page 18 of 30 Competing means an individual is not prepared to give in, instead he/she will do everything in his/her power to win. People will follow this approach if the conflict is over a principle or value that cannot be relinquished. Compromising means the parties are trying to find an acceptable solution to the mutual (although sometimes only partial) satisfaction of both parties by seeking a common middle ground. After 1994 it became a priority for the newly elected government to repeal (remove) some of these laws, in order to redress (correct) the economic imbalances of the past. The following laws require a discussion regarding the law, as well as the implications of each when referring to the process of redress and equity: Constitution of South Africa The Labour Relations Act The Employment Equity Act Broad Based Black Economic Empowerment The Skills Development Act The Basic Conditions of Employment Act
Trade unions and employer organisations
The rules and regulations pertaining to the establishment and management of a trade union, and an employer organisation are dealt with in the same section of the Labour Relations Act. The difference between the two is that a trade union represents the employees and aims to promote their wellbeing, while an employer organisation does the same for the employers that belong to the organisation. Unfortunately trade unions in South Africa are not really associated with conflict resolution, but are often regarded as the reason for the conflict. Due to the historic role that trade unions played in bringing change to the country, workers often had to organise themselves into a labour movement, such as a trade union, especially when political parties were banned. Unfortunately trade unions still play a political role to some extent, though no trade union may, according to the law, take part in politics. Trade unions should only look after the welfare of the workforce and do what is in their best interest when negotiating with the employer. Unfortunately, more often than not, there are other forces driving the day to day activities of some trade unions. COFESA is one of the largest confederations of employers organisations in South Africa and has been active since 1989. They represent about 6 500 employers and aim to assist members with challenges presented by complex legislation such as the Labour Relations Act, the Basic Conditions of Employment Act, the Skills Development Act, the Employment Equity Act, UIF and Tax Legislation, the OHS (Occupational Health and Safety) and the Companies Act to name but a few. Employers do not always have the time, expertise or resources to deal with challenges brought on by human capital (human resources) and industrial relations issues. Employer organisations such as NAPE (National Association of Private Employers) or COFESA (Confederations of Employers in South Africa) assist members (a collective body of employers) with issues that may include: Implementation and maintenance of labour legislation; Employment contracts; Training and development; Disputes and CCMA and bargaining council negotiations; Trade union negotiations; and Disciplinary and grievance procedures.
Workplace forums
Workplace forums may only be established if the business employs 100 employees or more. It is a mechanism whereby employees and employers can consult with one another and make joint decisions on certain issues (except wages). Some of the issues that the employer and WPF may negotiate on include: Health and safety measures. New work methods resulting in the possibility of restructuring. Retrenchment of workers. Job grading. Criteria for merits and bonuses. Education and training. Third Party Interventions to resolve conflict Workplace Forums (WPF) Workplace forums are strictly speaking not a form of third party intervention, because it is a mechanism whereby employees and employers can consult and make joint decisions on certain issues (except wages). A WPF may only be established if the business employs 100 employees or more. The perception that a WPF is for small businesses is therefore incorrect. The WPF consists of employee representatives and management (but not outsiders or third parties). A WPF comes into existence if the majority trade union (or two or more trade unions together that represent the majority of workers) applies to the CCMA to form a WPF. IEB Copyright © 2018 PLEASE TURN OVER NATIONAL SENIOR CERTIFICATE: BUSINESS STUDIES: PAPER II - MARKING GUIDELINES Page 27 of 30 Some of the issues that will be dealt with by the employer and WPF may include: Health and safety measures. New work methods that may lead to restructuring and possible retrenchment of workers. Job grading. Criteria for merits and bonuses. Education and training. If there is a dispute between the WPF and the employer that cannot be resolved, the dispute should be referred to the CCMA in writing.
Functional conflict
refers to a situation where the different parties deal with the conflict in a manner that is healthy and where they respect each other's opinions. The outcome of functional conflict is positive, and sometimes it may lead to more innovation, creativity and higher productivity. Without respect shown by both parties, functional conflict (a positive outcome) will prove impossible. It is important that both parties listen to the other's point of view and then acknowledge that there may be merit in the opposing point of view, and that a compromise in resolving the conflict will probably lead to a win-win situation. An interesting concept is that the manager may sometimes deliberately play devil's advocate to create conflict, as it may lead to the group "bonding" because they have to defend their common interest. If your school has a healthy and well-planned induction program for the grade 8s, this may be a good example to illustrate this concept. At the end of the induction period the grade 8 group will have bonded, with cohesion within the group probably much stronger than before.
