For the relationship between the employer and employee to be productive, the two must adhere to several obligations, terms, and conditions. These obligations are binding, and spell out which responsibilities both parties must undertake to avoid or deal with potential commercial employment disputes. The issues include contractual disputes, commercial employment discrimination, contract interpretation, corporate investigations, and commercial litigation. So, how does an employer and employee navigate such commercial employment disputes? Several tips can come in handy to mitigate a commercial employment issue. These tips include:
Valid Contract Of Employment
An employer must provide an employee with a contract before the commencement of work. The contract has all the terms and conditions of the job and some guidelines on the relationship between the employer and employee. The employee should go through the contract keenly, and in case of any clause that raises eyebrows, make a claim. This enables iron out any issues before work commences. Several issues that entail not honoring the contract can be evident,when resolving a contractiual dispute.Proper mitigation measures will be put in place to deal with those issues. An experienced mediator or arbitrator can come in to help in solving the dispute.
The contract also allows the employer to separate an independent contractor from an employee. That is perfect when issuing out information that is vital to the organization. You do not want some confidential information leaking just because it fell into the hands of an independent contractor who has ill motives. So, it is evident that an employment contract plays a critical role in avoiding and dealing with commercial employment disputes.
Proper Disciplinary And Dismissal Proceedings
Maintaining that employer and employee relationship is not that easy. Potential disputes loom and might even lead to disciplinary actions and dismissals. An employer shopuld deal with such possibilities with care and take disciplinary actions against guilty employees without any discrimination. An employer must enact guidelines to define the nature of disciplinary proceedings. Once the employer has established enough grounds to allow for disciplinary actions against an employee, a meeting to deal with the matter at hand must follow. The employee is made aware of the meeting and is free to come accompanied by an authorized person who can be a lawyer. If the employee is found guilty of misconduct, a dismissal is served.
Unfortunately, there are instances where employees have been victims of wrongful or unfair dismissal. That should not be a life sentence. They can make a claim to prove unfair dismissal from their place of work. For instance, if the employer did not follow the right guidelines to sanction a dismissal,the affected employee is entitled to compensation.
A Guide For Restructuring And Downsizing
Businesses, companies, and organizations are not immune to harsh economic times. If they fail to generate revenue and make profits, theymight not stay afloat. That can lead to a company applying stringent measures to reduce some overheads to navigate the turbulent economic times. Some of the measures can include restructuring and downsizing. When the company is restructuring or downsizing, the employer can declare some departments or roles redundant. So, some employees are bound to lose their jobs. But there is a catch. The employer should follow the right rules to declare a particular role redundant. Failure to follow the set rules and guidelines of restructuring, lawsuits are bound to be the order of the day between the employer and employee. The employee will claim wrongful dismissal. And that can stain the reputation of a company. Such events cannot happen when a robust restructuring and downsizing strategic plan is in place.
Conclusion
As an employer, you have a mission and vision for your company, business, or organization. To achieve that mission or vision, you must hire like-minded employees to realize the company’s objectives. It is not always a guarantee that you will have a productive working relationship with your employees. Possibilities of employment discrimination, wrongful dismissal, declaring redundancy and disciplinary actions lurk in plain sight. So, how do employees keep them at bay or deal with them once they come knocking? A good employment contract, proper disciplinary actions, fair dismissals, and a robust restructuring strategy are crucial. They will help deal with any potential disputes can keep your company hostage to lawsuits. Besides, you can avoid employment discrimination.