NEGOTIATION 101
In this month's Telegraph we want to share some more information and tips about negotiating in the workplace.
We're focusing this months article on Conflictual Negotiation.
Conflictual negotiations are those negotiations that usually arise from an allegation of wrongdoing by one party against the other.
In simple negotiations involving two disputants, one may seek compensation, or try to make the other do what was promised or stop the other doing something damaging.
There will usually be a claim by one party that the other has failed to meet its contractual obligations, or it has been negligent or has failed to comply with a statutory duty.
One of the first objectives you should set is to know what is that you or the person you are representing wants to achieve.
In simple terms, what is the bottom line?
Secondly and perhaps most importantly, what is your ambent, so that is, what are you prepared to bargain with.
In addition to that second point what do you believe its worth.
Once you've established these elements of your position, your almost ready to start strategically planning your approach.
See the second part to this article in the July issue of the Workers First Telegraph.
CONFLICT IN THE WORKPLACE
This article is not a fail safe iron clad guarantee about resolving conflict in the workplace.
There probrably hasn't been a workplace conflict in history that has gone perfectly in terms of attempting to resolve the issues.
There is no text book approach to conflict resolution in the workplace that can be 100% guaranteed to deliver a good outcome for all parties.
The key to conflict resolution in the workplace is really about trying to understand the reasons or beliefs the other party might have about you or your position on the topic of conflict.
FAIR WORK AUSTRALIA NEWS
Fair Work Ombudsman: Brisbane managers face court for
allegedly underpaying workers $70,000The Fair Work Ombudsman has launched a prosecution
against three managers of a Brisbane company - Enterprise Car Rental Group Pty
Ltd - for allegedly underpaying eight workers more than $70,000.
Facing court is company manager and sole director
Nathan Conn, of Northgate, and senior managers Tony Hinai, of Hendra, and
George Halliday, of Beachmere.
The Ombudsman is unable to take legal action against
the company because it is in liquidation.
Documents lodged in the Federal Magistrates Court in
Brisbane allege that Mr Conn, Mr Hinai and Mr Halliday were involved in
Enterprise Car Rental Group underpaying eight staff a total of $70,381 between
2006 and 2008.
The employees, who performed various roles, were
allegedly underpaid their minimum hourly rate, annual and sick leave
entitlements, superannuation, pay in lieu of notice, meal break pay and penalty
rates for weekend and overtime work.
The Ombudsman will allege Mr Conn, Mr Hinai and Mr
Halliday also allegedly breached workplace laws by requiring the employees to
arrive early for unpaid work before starting their paid shift and not paying
employees to attend after-hours meetings.
The three managers were also allegedly involved in
Enterprise Car Rental Group failing to pay compensation to one of the employees
after the workplace agreement he was employed under failed a fairness test.
Fair Work Ombudsman Queensland Director, Julie Wade,
said the decision to launch the prosecution was made because of the significant
amount involved and the employer's failure to rectify the matter.
It is alleged Mr Conn, Mr Hinai and Mr Halliday
committed multiple breaches of workplace relations laws. They each face maximum
fines of $6600 per breach.
The Fair Work Ombudsman intends to seek orders for
part of any penalties imposed to be paid to the workers. The case is listed for
hearing on July 12-13. Sourced:   http://legalonline.thomson.com.au 14/03/10
QUICK TIPS
RIGHT TO SILENCE
Unless specifically legislated, no Employer has the lawful authority to compel you to answer their questions.
RIGHT TO REPRESENTATION
Every worker has the right to either a support person or representative to be present during an interview with their employer, especially where it may involve disciplinary proceedings.
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