PMSL Director, Martin Scott, discusses the important components to a successful IR business environment, 2005

The key to successful Industrial Relations is the competence and confidence of your Supervisors and Managers in dealing with employees effectively before issues become contentious.  Training and Development in the field is one of the core services provided to Employers by PMSL over the last 25 years.

The need for Training and re-training is a constant, as the expectations and challenges are changing all the time, as is the legal framework within which your business operates.  The Retrenchment and Severance Benefits Act, the Maternity Protection Act, the National Minimum Wages Legislation and the Occupational Safety and Health Act all impose specific obligations which your key people must understand.  Further revised legislation to replace the Workmen’s Compensation Act is on the agenda and there will be other legislation to consider including the likely revisiting of Equal Opportunities Legislation.

Most importantly of all is the continuing need for current knowledge of the responsibility that Employers have for ensuring that the provisions of the Industrial Relations Act are applied with respect to the practice of good industrial relations and the principles of natural justice.

It is generally understood that if there is a recognized majority Union representing your employees, then it follows that you must meet and treat with that Union for purposes of collective bargaining and also on a wide range of issues affecting the relationship between parties and the way in which differences and disputes are resolved.  But the developing of constructive and effective arrangements is critically dependent on the knowledge and confidence of your Supervisors and Managers.  The benefit of meaningful information flows and dealing with potential issues before they become the subject of disputes or litigation are the essence of good industrial relations and the resultant effective organization performance.

What many employers do not fully appreciate is that protection for employees and the need to manage in keeping with the principles of good industrial relations applies to everyone who is employed.  Although there may not be formal representation for collective bargaining purposes, the applicability of the legislation is universal with respect to entitlement to benefits e.g. Severance Pay, Maternity Benefits, Workmen’s Compensation.  Most critically, if an employee is disciplined or dismissed, he/she is entitled to have a grievance taken up as a Trade Dispute by a Union of which he/she is a member in good standing, whether or not the Union has formal recognition.

Should this course be pursued, then the standard against which the decision of the Employer will be assessed is exactly the same as if there was a recognized Union in your Company.  This means that you must demonstrate that there was adherence to the rules of natural justice and the principles of good industrial relations.  The core issue is that the employee must be fairly treated and must have had the opportunity to be heard before a decision is taken.  Otherwise the Employer will be hard pressed to avoid a finding that he/she has acted in a manner that is “harsh and oppressive”, with the likelihood of substantial penalties resulting.

Sometimes trade disputes drag on for indefinite periods of time, stunting your company’s productivity.

Do you know how to facilitate speedy resolutions for the benefit of all?  Do you know how to avoid having grievances turn into disputes?  Do your supervisors know how to handle day-by-day matters of industrial relations?

PMSL knows.

And we’ll put our many year of experience in industrial relations to work, to train your supervisory management staff to deal with issues and create a stable work environment.