EMPLOYMENT

RELATIONS
NOTES

COMPILED BY
MR, R. GOMBERA

CELL: 0773 265 787

CHAPTER 1: AN OVERVIEW OF EMPLOYMENT RELATIONS

1.1 THE MEANING OF EMPLOYMENT RELATIONS

Employment relations simply refers to the relationship between an organisation and its
employees

According to Salamon (2000:03), it refers to the communication that takes place between
representatives of employees and employers. However, the employment relationship existing
between an employer and an employee may be regarded as the core of Employee relations.

It is the administration and control of the employment relationship in industrial societies.

1.2) INDUSTRIAL CONFLICT (DISATISFACTION)

Dissatisfaction at work can be caused by one or a combination of factors. Some of

these factors are -
a) Physical working environment - workers might be dissatisfied by the amount of
light, ventilation, level of noise, overcrowding, temperature levels and so on. The
type of plant technology has also been associated with conflict generation. If
management does not show positive steps to improve the working environment
then the workers will use the means at their disposal to draw management’s
attention to their grievances.

b) Remuneration packages - which will include levels of pay, amounts of annual and
sick leave, canteens, various types of allowance, bonus etc. The factor of
comparability both between companies and within different occupations in one
company usually creates the dissatisfaction.

c) Management philosophy and style - dissatisfaction in this category is usually centred

on the meanings and definitions which the workers give to the management style.
In any work situation the actors bring to the organisation distinctive interests.
These interests influence the way the actors perceive their roles vis-a-vis
management philosophy and style. If there are no shared values then conflict will
manifest itself.
d) Any threats to security of tenure - these usually include written warnings perceived
by work-groups as unfair, redundancies, retrenchments, temporary or permanent
closures, re-location of operations. The long-drawn-out British Coal Miners' strike
of 1984 is a case in point. Other factors such as promotions, ethnic practices in
 recruitment and salary structures, management malpractices and so forth also cause
worker dissatisfaction.
1.3) The forms of dissatisfaction or disagreement

a) Level of turnover

At an individual level, resignations are usually signs of employee discontent

with the present conditions of employment. What really triggers an employee
to leave an organisation is a combination of what M. Bowey is A Guide to
Manpower Planning (1974) terms “push” and “pull” process (1).

These are:-

a) Moving for high earnings Pull

b) Moving to further one's career Pull
c) The attraction of alternative job opportunities Pull
d) Leaving to avoid strains from inter-personal conflicts Push
e) Management "running down" staff Push
f) The induction crisis Push
g) Pressures from shortage of labour Push
h) Pressures from changed working requirements Push

b) Sabotage

This is usually grass-roots action which involves individuals deliberately

destroying or mutilating objects in the work environment in order to express
tension and frustration or to assert some form of direct worker control.

c) Go-slows, work-to-rule and restrictive practices

The workers try and communicate their grievances/ dissatisfaction to
management by controlling levels of productivity and sometimes restricting
such things as overtime, incentive pay and so forth.

d) Absenteeism

This could also be another form of discontent: deliberate delays in the change
rooms, toilets, tea and lunch breaks. It could in fact be a way of provoking
management to over-react and thereby produce a chain of interactions which
may result in a real work stoppage.
e) Strikes
Strike action occurs when employees’ temporarily withhold their services
until their demands and complaints have been met by
management.
1. 4. Incidence of Strikes
These are factors that explain the variations in strikes - proneness, why incidence of
industrial conflict differs between work groups, between firms, between
industries, between regions and even between nations. Comparative studies of
strikes have attempted to establish why strikes occur in one situation and not in
another. Four main explanations have usually been given. These are as
follows:-
a. Agitator theory
This explanation states that strikes are caused by agitators within the
workplace who stir, agitate and articulate persuasively management
shortfalls and convince employees to take strike action as a means of
redressing the situation. If there were no agitators, workers would
usually accept managerial authority and legitimacy and would air their
grievances through peaceful institutional means, asserts this
theory.

b. Communications
This explanation has been expounded by the human relations school.
The argument is that strikes occur in any given situation because of
lack of communication on prevailing problems. It is certainly correct that
face-to-face communication between workers and managers produce a
happy and peaceful working environment; but it would be naive to assume
that disputes always arise out of worker ignorance.

c. Community Integration
one of the reasons why certain industries appear more strike-prone than
others is the location of the workers in society. The miners, the sailors, the
longshoremen, the loggers, and, to a much lesser extent, the textile workers, form
isolated masses, almost a race apart. They live in their own separate
communities..... These communities have their own codes, myths, heroes and social
standards. There are few neutrals in them to mediate the conflicts and dilute the
mass. All people have their grievances, but what is important is that all the
members of each of these groups have the same grievances." Such workers, readily
develop a consciousness of collective grievance from a strong emotional attachment
to their unions and are insulated from societal norms that disapprove of overt
industrial conflict.

d. Technology
 It is usually argued that technology affects the following:-

i) Management structure and control - the simpler the technology, e.g. small unit
and batch production, the more control lies with the worker. The more
sophisticated the technology, such as the assembly-line, the more control lies
with management.
ii) Task structure and its impact on the operatives - concern is with impact of
technology on the task structure and the operatives carrying out the tasks, both
individually and collectively. Attempts are also made to relate plant
technology to the formation/non-formation of work groups, the
ability/inability of operatives to control their work.

iii) The social system - the argument is that the technology of the workplace
makes demands and places limits on the type of work structure
possible

1.5 The Work Group

The concept of the work group may refer to the following:-

a) A friendship clique whose members are bound by purely expressive ties
in that they gain certain satisfaction from their interactions within the
group;
b) A subordinate group, defined by having a common supervisor;
c) A task-group of employees who must collaborate if a given job is to be
accomplished;
d) An interest group composed of employees (who may be
geographically dispersed throughout the organisation) who share
common work interests and objectives.

1.6 THE APPROACHES TO EMPLOYMENT RELATIONS

The Unitary Approach

The essential characteristics of this approach are as follows: -

1) The organisation is compared with a sports team or family unit whose members
share common goals and values.
 2) Top management is the single source of authority and focus of loyalty;
managerial prerogative is legitimised by all members of the organisation,
3) Management prerogative cannot be questioned. Any opposition to it will be
suppressed.

4) Unions are tolerated as unfortunate necessities, which violate the organisational

logic of the business enterprise and constitute a threat to the established order.
This approach is useful for analysing employment relations in small establishments,
family firms, paternalistic organisations with many long-serving employees and a
charismatic figure at the top and firms in areas where there are few choices of
occupation and the traditional authority remains unquestioned. However, it is of
limited use in understanding labour in most modern organisations.

The Pluralist Ideology

The general characteristics of the pluralist approach to employment relations are as

follows:-
1) The organisation is seen as a coalition of individuals and groups with conflicting
perceptions and aspirations which they may seek to express in action if necessary.
2) The individuals and groups competing to satisfy aspirations and interests
connected with the organisation include managers, employees, consumers,
suppliers, government and the local community.
3) Owing to the number of divergent interests, it is necessary to establish rules in
order to manage the organisation effectively, to foster acceptance of authority and
to deal with conflict.

4) Unions are accepted as legitimate groups with the right, within legal limits, to
assert their claims and aspirations.
This approach assumes that the different interests and views expressed by the various
parties are not as fundamental as to be unbridgeable and that compromise and
consensus are in the interests of joint survival.

The Conflict Ideology

The essential characteristics of the conflict approach to employee relations are as
follows: -
1) Industrial organisations exist in societies characterised by the exploitation of one
class by another, i.e. the less powerful being exploited by the more powerful.
2) The existing structure of ownership and control of the means of production is an
inevitable source of conflict.
3) The relationships existing between managers and employees in any organisation
 are characterised by control over work processes.
4) There is a significant disparity of power between the owners and controllers of
economic resources on the one hand and on the other hand, those whose
livelihood depends upon the owners and controllers for access to the same
resources. This power is exercised not only directly in industry, commerce and
financial institutions, but also indirectly in many ways.
5) When worker representatives join managers at the negotiating table, they do so
not as equals but as men who have been socialised and indoctrinated to accept
most aspects of their work situation which was designed according to the values
and purposes of the major power holders

1.7 ENVIRONMENTAL INFLUENCES ON EMPLOYMENT RELATIONS

The environmental systems that can influence employment relations may be classified
as follows -
1.7.1 The Economic System
o product market
o labour market
o money market
o productivity

1.7.2 The Technological System

o inventions and developments
o competition
o research
o labour

1.7.3 The International System

o exports and imports

o investment

o external influences

1.7.4 The Social System

 o public opinion and pressures
o norms and values
o cultures
o government influence

1.7.5 The Legal-Political System

o legislative/executive action
o statutory changes
o employment boards and councils
o collective bargaining

1.76 The Ecological System

o natural resources
o climatic conditions
Environmental factors likely to affect employment relations within Zimbabwe in the
future include:-
 independence movements in other African countries
 narrowing of the wage differential
 calls for increased productivity
 increased worker participation
 technological developments
 international pressure groups
 continuous inflation
 job creation and unemployment
 control of environmental pollution

1.8 THE TRADE UNIONS

A Trade Union is an organisation which either -Consists wholly or mainly of workers, of one
or more description, whose principal purpose includes the regulation of relations between
workers of those descriptions and employers or employers’ associations; or Consists of such
organisations or their representatives.

Another legal definition, this time from the Labour Act [Chapter 28:01] in Zimbabwe.
"A 'Trade Union' means any association or organisation formed to represent
or advance the interests of any employee or class thereof in respect of their
employment."

A non-legal definition and a well-used definition of a Trade Union is -

".... a continuous association of wage earners for the purpose of maintaining
or improving the conditions of their working lives."

1.9 ORIGINS AND EMERGENCE OF LABOUR MOVEMENTS

What are the necessary conditions for a labour movement to emerge? In

general, workers unite when their material well-being is threatened by
forces in the system of production. The following is a summary of
some of the conditions that give rise to the emergence of labour
movements:-

a) Reducing Competition
Industrial and technological developments produce economic
competition and commercial crises which threaten the security of
employment and level of wages in relation to increasing prices,
workers combine spontaneously to reduce competition amongst them.

b) Curbing Dilution of Skills

As product and labour markets are extended (especially the movement
to the west in America), the identity of interest between skilled
workers and employers disappears. There is increased competition
between merchants - capitalists and small owners - which encourages
speed-ups, skills dilution, employment of immigrant labour and
utilisation of machinery which produces specialisation. This
specialisation and skill dilution stimulates the organisation of skilled
workers into unions.

c) Scarcity of Job Opportunities

Workers’' awareness, either real or subjective, of the scarcity of job
opportunities leads to worker solidarity in asserting collective
ownership of job opportunity and rationing among members and
establishing a common price for their labour.

d) Re-establishing Personal Identity

 The industrial and commercial environment produces personal
isolation, helplessness, loss of status and alienation. Workers unite to
recreate identity and unity and ultimately a new order.

1.10 Why workers Join Unions

Once a labour movement has emerged, the reasons why individual workers
join the various unions are not always the same for each individual member.
The following are some of the common reasons why employees join unions:-

(a) Personal Needs

To establish the reasons why employees join unions we have to
establish what the goals are that employees endeavour to satisfy and
then see how membership of unions contributes to the satisfaction of
these goals. It has been found in interviews with workers that the
following goals tend to be valued and efforts made to realise them -
 Economic security and degree of comfort felt to be acceptable for a person
in the individual position.
 Social needs and respect of other people.
 Independence in and control over his own affairs.
 An understanding of the forces and factors at work in his world.
 Integrity.
Economic Security
Unions provide the means through which workers can ensure that they obtain the
economic security and standard of living they see as adequate. Through his
membership, the individual is in a better position to satisfy his needs in this area.
Given the ever-increasing aspirations of employees, an organisation which can
ensure that their income will increase regularly is very attractive.
.

Social Needs and Respect of Others

Socially respected roles are found amongst workers as is the case with any group.
The union provides the opportunity for filling roles which other employees
consider important. The union member can, by being active in the union and
gaining appointment to official positions, become a highly respected individual.
In certain situations the fact that the individual knows the union contract well and
can provide fellow workers with information regarding their rights etc, carries
with it a high degree of prestige.

Positions such as that of shop steward for instance, give him the opportunity to
win the approval of other workers for "standing up to the boss", "getting results",
in such matters as the handling of grievances etc.
 Independence and Control

A further goal common to most workers and exceptionally important in the case of a
large majority is to gain an increasing measure of independence in and control
over their own affairs. This goal can be stated negatively and perhaps more
realistically as the objective of reducing the control exercised by others.

Understanding

Another goal found to be shared by most workers is a desire to understand the forces
and factors which influence their lives. This desire is not merely indicative of a
search for an instrument of control. Indeed it is quite possible that the discovery of the
realistic nature of these factors and forces might well increase their awareness of the
difficulties in or impossibilities of controlling them. That is not the point. It may not
be true that "knowledge is power", but equally untrue is that "ignorance is bliss.' In a
culture which has extolled the thinking man, a lack of understanding of why things
happen as they do is intolerably frustrating. Workers share this general need with all
others.

Integrity

Most difficult of all workers' goals to define clearly are the experience and assurance
of integrity. One aspect of this goal involves "self-respect". It involves an inner
conviction that a man should be consistent within himself, his acts and thoughts

should agree with his personal standards. Another aspect of integrity is that other
people shall treat him "right", that is, in harmony with his own concept of himself and
his worth. A third aspect can be termed "relationship". The emphasis here is upon the
individual being geared into a larger whole. The worker may view membership in a
particular union as an improvement in or a challenge to his opportunities for
realisation of self-respect.

Protection against Discrimination

Not only is the frustration due to a foreman’s favouritism and other forms of
partiality a potent motive for union membership, it is also a cause of anxiety once
a man joins the union for any reason. Many companies in the past had a policy of
firing unionists; others gave them dirty jobs, denied them pay increases and
applied other pressures.
A tactic that appears early in any union's history, therefore, is to achieve security
for individuals against discrimination.

Grievance Procedure
Another early demand of every union is for an established grievance procedure, a
channel of upward communication by which workers can protest against
frustrations or express their positive goals in the work situation. If the major
 considerations involved in organising the union were related to lack of any
channel of self-expression then this demand is not surprising but, in any event,
the union must have such a channel. As soon as the organisation is completed,
workers start using it to call other problems to the attention of executives. Thus
the union becomes a multi-purpose institution almost as soon as it is in existence.
The grievance procedure is the formal aspect to the organisation that makes this
possible.

b) Union Drive for Membership

Membership is an important source of power to the union. Most unions maintain
active efforts to recruit workers not yet members. However, such efforts need not
be motivated by a wish to increase the union's power. There tends to be a strong
ideological aspect as well. Members are recruited to work for the betterment of
the workers in general. Such recruiting efforts may be more or less vigorous,
depending on such factors as the extent to which membership is the drive and
vigour of union leadership, whether the union is new or already established etc.
Such recruitment activities may lead to workers, who otherwise may not have
joined on their own initiative, joining the union. Such recruitment activities may
be handled by (a) fulltime organisers and (b) members undertaking recruitment
action in their own time.

c) Control of Employment - Closed Shop

The union has various reasons for attempting to exercise control over
employment. One finds that agreements between employers and unions apply to
non-union members as well. This means that these workers get the same
advantages without having to join the union. It could lead to people not joining
unions, as they will get the benefits in any case. This could mean a
reduction in membership, with a consequent decrease in union power. In order to
avoid these “hangers-on" getting benefits without joining, the unions generally
try, by various methods, to force them to become members. One of the methods
adopted is the closed shop agreements employers required to employ only people
who are members of a union. This in fact tends to force employees into joining
unions. However, such agreements may have a negative effect, as when in times
of scarcity of labour the employers are unable to get sufficient labour due to
union members.

d) Management Action

Management’s action is a factor that causes employees to join unions.

By arbitrary actions, refusing to accept participation by employees,
meaningless work, etc. conditions are created which carry with them a
high degree of worker discontent. The individual finds himself with
very little power to influence managerial behaviour and consequently
unions are seen as a way in which the required influence can be
brought to bear more effectively.
1.12 TYPES OF TRADE UNION
There are four basic types of trade union: creative unions, general unions, industrial
unions and occupational or non-manual unions.
i) Craft Unions - These consist of skilled men who pursue the same craft.
Multicraft unions, whose membership is still for skilled employees, but not
exclusively those who have acquired their skills through the traditional
apprenticeship route, are becoming increasingly common. The Amalgamated
Union of Engineering Workers provides an example.

ii) General Unions - These bring together all categories of workers, across a
range of industries. The Transport and General Workers' Union (TGWU in
the United Kingdom) for instance, organises almost all categories of employee
working in overland transport and also extends into agriculture, quarrying, the
manufacture of cement and bricks, power production, engineering and metal

trades, building, textiles, rubber, chemicals, food processing and other

industries. It also has a special section, as do many of the General unions, for
clerical and supervisory staff.

iii) Industrial Unions - These organise all the employees, whatever their craft, in a
specific industry. This means that, in ship building for instance, all employees
could belong to one union, instead of being split between craft (such as boiler
makers) unions and general unions. Although this is the pattern of trade
unionism in some other countries (notably Germany), the federated structure
and the multi-union are far more common features of the British scene. There
are many industrial unions in this country such as Zimbabwe Textile Workers'
Union.

iv) Occupational or Non-manual Unions - These are concerned with organising

technical, clerical, professional, supervisory and managerial staff separately
from other employees. Sometimes membership is drawn from a particular
occupation, such as the National Union of Bank Employees (NUBE), or the
National Association of Local Government Officers (NALGO). They may
also be constructed across occupations, more on the lines of a general union
for salaried staff. The Association of Scientific, Technical and Managerial
Staffs (ASTMS) and the Association of Professional, Executive Clerical and
Computer Staff

1.13. REASONS FOR REJECTING UNIONS

 i) Cultural Factors - Many people distrust unions and what they believe they
stand for, i.e. collectivism, socialism and the Welfare State; they believe
unions obstruct free enterprise, individualism and initiative. Small business
persons and farmers hold such views. Likewise, many white collar workers,
in professional and executive occupations, believe this.

ii) Professionalism and Individualism - Professional employees in the private

sector and the self-employed, have resisted forming or joining unions. Instead
they have sought to advance their interests through membership of
professional associations - IPM (Z) is a prime example. Many professionals
argue that they have higher status and higher education and do not need unions
to promote their interests. The tendency has been (universally) that only
lowly-paid professionals, e.g. nurses and teachers, embrace unionism and
collective bargaining.
Also many professionals are individualistic in orientation. They feel that their
employers will recognise them for their performance on the job and they can
bargain for themselves.

iii) Identification with Management - White collar, technical and professional

employees tend to identify themselves with management. Since they work
closely with supervisors and executives, there is a tendency to acquire
management's viewpoint, wishing to impress favourably their immediate
supervisors, they often feel that membership of a union might hinder their
chances of advancement and/or identify them as disloyal to the corporation or
enterprise.
iv) Job Satisfaction - Some employees are fortunate to work for organisations that
provide excellent working conditions, good wages, job satisfaction and job
security and consequently feel no need for unionisation.

v) Fear of Reprisal - Some employees do not join unions for fear that
management will punish them if they do so. Although provision is made for
freedom to join unions in the Labour Relations Act 1985, management is able
to discriminate in many subtle ways against union sympathisers.
Many Zimbabwean workers have not had the opportunity to join a trade union,
since they have been employed in industries in which no unions have been
formed. However, this situation has improved since the introduction of the
Labour Relations Act at the end of 1985

1.14 Objects of a Specimen Constitution for a Local Employers’ Organisation with no

Branches
The objects of the organisation shall be -
a) To regulate the relations between members and their employees and to protect and
further the interests of members in relation to their employees.
b) To promote the interests of apprentices/learners; to encourage the practical and
technical training of apprentices/learners; to encourage every effort through
apprenticeship/learner-ship and training to turn out efficient craftsmen and operatives
in the industry.
c) To encourage the establishment of good conditions in premises in which work is
done, in regard to structure, ventilation, lighting, sanitation and cleanliness of
machinery, the prevention of accidents and generally to promote the reasonable
interests of all concerned in the industry.
d) To promote the interests of members.
e) To promote or establish mutual benefit schemes for members.
f) To encourage the settlement of disputes by conciliatory methods.
g) To promote, support or oppose, as may be deemed expedient, any proposed legislative
or other measures affecting the interests of members.
h) To use every legitimate means to induce all persons who are eligible for membership
to become members.
i) To provide, when deemed necessary, legal assistance to members.

j) To do such other lawful things as may appear to be in the interests of members.

CHAPTER 2. THE PARTIES TO EMPLOYMENT RELATIONS

There are three main parties to employment relations. They are as follows:
 The state
 The employers (Management)
 The workers

2.1 THE STATE IN EMPLOYMENT RELATIONS

The State's involvement in industrial relations is generally classified into two activities - the
legal function and the general management of the economy.

2.1.1 Legal Function

 Professor Kahn-Freud has identified three legal functions which the State
performs in industrial relations (Labour and the Law 1972). First, the
"regulatory function" in which it provides rules that govern the terms and
conditions of employment of individual employees, whether or not they are
union members. Second, the "restrictive function" in which it provides rules
that govern the conduct of industrial conflict, i.e. restricting the lawful ambit
of industrial action. Third, the "auxiliary function" in which it provides rules
that govern the encouragement and extension of collective bargaining
institutions. In reality there is a great overlap between these functions, but as
tools of analysis they are quite useful.

Regulatory Functions

In order to provide protection on behalf of the powerless individual employee,

the State provides a floor of rights on –
- Health and safety at work - e.g. protective clothing.
- Minimum wages.
- Sick and annual leave.

- Conditions of employment for Juveniles and casuals.

- Maternity leave for female workers.

The Labour Act of Zimbabwe contains a. series of "fundamental rights of
employees" on such issues as -

- Membership of trade unions and workers' committees.

- Discrimination.

- Democracy in the workplace.

- Unfair dismissal.

Restrictive Function
The following are some of the practices which generally characterise the restrictive
function of the State -

a) Strike Action
Most labour acts prescribe the conditions that must be met before a strike takes
place. These conditions include the exhaustion of all the existing
channels/institutions of negotiation, conciliation, mediation or arbitration, or
giving notice to a prescribed minister of state of the party's intention either to
strike or lockout. Strikes in what are termed essential services industry, e.g. the
 army and the police force, health, education etc might be forbidden completely,
irrespective of circumstances.
This prescription of when and when not to resort to industrial action in the form
of a strike or lockout is perhaps the most restrictive function of the State in its
involvement in industrial relations.

b) Registration
Trade unions and employers' organisations do not just emerge and start operating.
The State regulates the registration of such organisations. In some cases, such as
in Zimbabwe, it has power to refuse to register or even de-register such
organisations depending on the circumstances (for full details see the Zimbabwe
Labour Act). Another feature of the restrictive function is the application of the
principles of "Horizontalism" and "Verticalism".
The former principle applies to occupational unionism, i.e. unions based on
similar occupations and cutting across industries. The latter principle applies to
industrial unionism, i.e. unions based on industries producing more or less similar
products, e.g. meat, fish and processed vegetables. In Zimbabwe, for example,
the principle of "horizontalism" is forbidden by law.

c) Compulsory Arbitration

The State has power to arbitrate compulsorily in a dispute and this may
obviously restrict the freedom of the parties to take industrial action.

d) Unfair Dismissal
In such circumstances the State can, through the Minister of Labour, decide
whether an employee has been fairly or unfairly dismissed.
There are various other practices which can be classified as restrictive on the part
of the State. It is important to note that the term "restrictive" in the final analysis
depends on which side of the fence the parties are, for even normal regulatory
laws can be interpreted as restrictive by either employer or employee, depending
on the aggregate benefits.

Auxiliary Function

The process of conciliation, mediation, arbitration, investigation and inquiry constitutes

the auxiliary function of the State.

Conciliation
Simply means "that some third party" - a civil servant, a person without office
but with personal prestige, or statutory or agreed commission or board - tries
to get the parties together. If conciliation succeeds, the result is an agreement.
Mediation is usually synonymous with conciliation.
 Arbitration
Is listening to the parties and the evidence and then formulating an award. "if
the arbitration is voluntary as to its outcome, this is a mere recommendation;
if it is compulsory, the award binds the parties".

Investigation and/or Inquiry

Is "a procedure in which some third party (usually a commission or court) is
charged with finding the facts of a dispute and sometimes also with the
making of recommendations for its settlement".

2.1.2 The General Management of the Economy by the State

Manpower Policies

This involvement in manpower policies can be classified into 3

areas.

a) Skills generation.
b) Employment generation.
c) General conditions of service.

a.) Skills Generation

What the government of Zimbabwe has done since independence to generate
skills for the nation:

 A new ministry was created with the specific objective of

national manpower planning and development (it was later
absorbed by the Ministry of Labour and Social Services).

 Trade tests for the semi-skilled labourers were offered and this
resulted in the certification of some of them as fully skilled
journeymen in their respective trades.

 The influx of foreign skills was discouraged and a screening

committee was set up to process applications;

 The bonding of apprentices was meant to control the exodus of

locally trained personnel.
  Plans were established to set up additional polytechs in Gweru
and Mutare.

 For the public sector, arrangements with a number of

governments to enable short-term familiarization coursed for
civil servants were made.

b) Employment Generation

. In order to satisfy this obligation of employment generation the State carried out a number
of measures since independence:

o Ministries and statutory bodies are usually over-manned.

o Creation of public projects which are meant to generate employment such

as Building Brigades, Youth Brigades, Culture Centres etc.

o Increasing municipal security personnel in order to provide employment

for ex-combatants.

o Providing grants or short-term loans to employers of large labour forces,

such as mines, when they have financial problems, primarily to keep the
people in employment.

o Establishing statutory bodies, such as IDC (Industrial Development

Corporation) whose activities, among others, is to bail out some
companies primarily to secure employment for the existing labour force.

c) General Conditions of Service

By virtue of being the biggest employer of labour in a number of countries, the
State gets involved in industrial relations by providing a base for the general
conditions of employment. The legal function of the State in industrial relations
has already been analysed. The involvement of the State in general conditions of
service is really one of establishing the bench-mark in the following:-

* Wages and salaries paid to various occupations.

* Leave conditions.

* Allowances, such as car, housing etc.

 * Fringe benefits.

Income and Price Policy

Closely related to the State's involvement in manpower policies is the way the
State endeavours to control the incomes of people and the prices of goods and
services offered to these people. The general objective of incomes and prices
policy is to counter inflation which is a reduction in the value of money over a
period, usually a. year, in relation to what that money can buy price-wise. The
debate on just what causes inflation, and whether incomes and prices policies
really have a long-term effect on the overall state of the economy, i.e. balance of
payments, money supply situation and the general standard of living, is beyond
the scope of this module. What is relevant is how those policies affect industrial
relations.

Traditional incomes policy affects industrial relations is in both worker and

management behaviour.

 In order to increase their wages, workers tend to unnecessarily-

scrutinise their job grades in the hope that management might concede
to upgrading the job, hence spending unwarranted production time.

 In a bid to retain senior managers, various forms of perks are granted to

circumvent restrictive incomes policy which increases the mobility of
managers; this mobility is usually for similar occupations with higher
pay in other organisations.

 Workers tend to negotiate for additional privileges in order to meet their

perceived loss in earnings because of the policy, especially in cases
where productivity bargaining is non-existent.

 The search for part-time jobs increases and this reduces the individual's
output during the normal working day.

 If there is no ruling on overtime in the policy, workers can deliberately

reduce their normal pace of work in order to supplement the shortfall
with overtime.
CHAPTER 3. THE ROLE OF MANAGEMENT

3.1. ANALYSING MANAGEMENT ROLE IN EMPLOYMENT RELATIONS

The role of management in employment relations can be analysed at two levels.

The MICRO level which focuses on the role of individual managers in an

organisation and their perceptions of workers, workers’ committees and trade unions.

The MACRO level involving employer organisations, or corporate bodies of

employer associations such as the Confederation of Zimbabwe Industries (CZI), the
Zimbabwe National Chamber of Commerce (ZNCC). The concern at this level is on
industry-wide collective bargaining, representing or liaising with Government
primarily to project their own interests on issues of social, legal, labour and economic
importance.

3.2. MICRO LEVEL ROLE OF MANAGEMENT IN EMPLOYMENT

RELATIONS

At a micro level the labour relations significance of the management role relates to
the following issues -

* Manning - Decisions on which workers will man given machines on the shop
floor. In some enterprises, manning agreements are entered into between
management and the respective unions.

* Maintaining Productivity Levels - In organisations where there are no

productivity incentive agreements, shop floor management is continually
engaged in controlling absenteeism, the time spent in toilets and change
rooms, the pace of work, unnecessary groupings and discussions,
deliberate damage to machines in order to get a rest, etc.

* Promotions - Decisions on promotions can never be adequately objective.

Employees will always perceive and interpret such decisions either positively
or negatively depending on their evaluations and competing objectives. They
can decide to frustrate a newly promoted foreman or supervisor if they see him
as the wrong person for the job.
 * Overtime - Where employees have been used to supplementing their wage
through overtime earnings, any attempt by management to ban overtime can
result in low morale, drop in productivity or a claim for wage increases in
order to make up for the loss in earnings from overtime.

* Day to Day Employee Welfare and Grievances - Are managers seen by their
subordinates as pursuing their interests as a group or as individuals or are they
seen as obstructing them? The differences in individual managers' approach
to issues of employee welfare and grievances can cause concern among
employees, especially in situations where they perceive some managers as
being fairer or stricter than others.

* General Conditions of Work - Even though these are usually outlined in either
the Employee Handbook or the respective NEC Agreements/Industrial Boards
Agreement, the line manager still has to handle issues such as working
conditions and health and safety.

The manner in which such issues are handled has an effect on the resultant
industrial relations climate in an organisation.

* Job Grades, Pay Systems and Disputes -

The system of grading jobs and the issue of pay scales have a significant
influence on the industrial relations characteristics in an organisation.
Workers’ committee or Shop Stewards can bring pressure to bear on
Management if they perceive the system as prejudicial to their expectations.

3.3 MACRO LEVEL ROLE OF MANAGEMENT IN EMPLOYMENT

RELATIONS

At the macro level management's role in employment relations is more concerned

with broad issues rather than day to day shop floor employment relations matters.
These issues normally cover -

o Establishing company policy on employment relations. This is usually the

case in large multi-national organisations which might have a senior
executive responsible for employment relations. The policy statements will
cover such items as joint consultation, wages and salaries, security of
employment and pay and productivity.

o Establishing wide collective bargaining agreements, both substantive and

procedural, covering all levels of employees within the given industry. A
 Substantive Agreement is an agreement on all matters which determine the
conditions under which relations between individual employers and workers
are created and on the rights and obligations arising from the relationship once it
has been created. A Procedura1 Agreement is an agreement on the relation
between collective bargaining partners and on the institutions and methods
designed to be used for the prevention or settlement of disputes.

o Collective bargaining at this level invariably involves senior officials of the

respective employers' and employee organisations and they usually have to go
back and persuade their members to accept the content of the agreements.
o Liaising with government on such issues as prices and incomes policies, major
labour acts, e.g. Labour Relations Act, income tax legislation, product standard
specification legislation, in order to ensure that the interests of their own
members is not jeopardised. This role typifies the involvement of management
as employers in the general management of the economy.
CHAPTER 4: INTRODUCTION TO NEGOTIATION AND COLLECTIVE
BARGAINING

4.1 INTRODUCTION TO NEGOTIATIONS AND COLLECTIVE

BARGAINING

4.1.1 Definition of Negotiation

Negotiation may be defined as any form of verbal communication in which
the participants seek to exploit the relative strengths of their respective
bargaining positions to achieve explicit or implicit objectives whilst
attempting to resolve identified areas of disagreement.
Negotiation is sometimes regarded as being synonymous with bargaining. In
fact, bargaining is always part of negotiating. Bargaining may be defined as
"haggling over the terms of give and take", or "a process of incremental
conveyance in which the parties gradually move towards each other from
initial positions at opposite ends of a continuum". Bargaining does not
include such aspects of negotiation as posturing, persuasive appeals and
coercive behaviour, e.g. warnings, threats, ultimatums.

4.1.2 The Elements of Negotiation

(a) Communication, i.e. the exchange of information.

(b) Context, i.e. the background or the situation in which the negotiation
takes place. The skilful negotiator exploits the factors that strengthen
his position and counters those which are to his disadvantage.

(c) Objectives, explicit or implicit. A trade union, for example, may have
an explicit objective of obtaining the best possible pay increase and an
implicit objective of maintaining job security for its members.

(d) Joint Action to resolve identified disagreements. A genuine

negotiation cannot take place unless both parties desire an agreement.

4.1.3 Matters for Negotiation in Employment Relations

What are the issues about which management and employees negotiate when
they meet at the bargaining table? Part X of the Labour Act provides the
framework.
 The following is a list of items commonly appearing in union-
management agreements -

1. Scope of Bargaining Unit

A brief about everything to be covered

2. Union Activities and Responsibilities

(a) Check-off dues

(b) Union administration of funds
(c) Conduct of office bearers

3. Wages
(a) General wage adjustments
(b) Wage structure
(c) Job evaluation
(d) Wage administration
(e) Shift differentials
(f) Bonuses

4. Working Hours and Time-off Policies

(a) Regular hours of work

(b) Holidays
(c) Vacations
(d) Overtime regulations
(e) Leave of absence
(f) Rest periods
(g) Meal times

5. Job Rights and Seniority

(a) Seniority regulations
(b) Transfers
(c) Promotions
(d) Lay-off and re-call
(e) Demotions

6. Discipline, Suspension and Discharge

7. Grievance Handling

8. Benefit Programmes
(a) Housing
(b) Gratuities
(c) Pensions
(d) Insurances and medical aid
(e) Sickness benefits
4.2 NEGOTIATIONS - THE AIMS AND OBJECTIVES

The case which you present at the negotiating table may be defined as "a set of
arguments which support a proposition". Your purpose is to convince the other side
that it is in his interests to accept the proposition that your case supports.

Your purpose in negotiating may be described as offensive or defensive. It is regarded

as offensive if you set out to change or adjust your opponent's position or intentions.
It is defensive if you are reacting to his initiative in attempting to change or adjust
your position or intentions.

Often the best approach is to set out to obtain a new decision based upon new
information, rather than to attempt to force the opposition to reverse its position.
In deciding upon specific objectives for a negotiation, it is often a useful practice to
take account of the minimum that you are prepared to accept and the maximum which
you believe you may be able to obtain in favourable circumstances.

4.3 APPROACHES TO NEGOTIATION

4.3.1 Negotiation as a game of strategy

Negotiation is sometimes regarded as a game of strategy, like poker or chess.
The important aspects are the reward structure, the way the reward structure is
displayed and the social meaning participants read into the game.
The process of negotiation is analysed in terms of a sequence of dilemmas.
For example, would it be better to stand firm or risk signalling flexibility?
Negotiators make choices guided by expectations regarding the other party's
response. Outcomes depend upon the accuracy of their diagnoses and the skill
with which they construct appropriate moves.

4.3.2 Negotiation as a power struggle: the coercive approach

Pressure bargaining or dispute settlement models preserve the flavour of
strategic thinking by emphasising concealment or competitive strategies.
They demonstrate the belief that negotiators only modify their positions when
they have fought to the limit. Negotiation is seen as a struggle in which the
negotiators move stepwise towards an agreement which will be acceptable to
both. The struggle itself validates the final terms and demonstrates that the
 participants have done the best they can.
The coercive approach is based on the ability of one party to overcome the
resistance of its opponent by means of power, which may stem from the
legitimate authority of management or from the power base of the workforce.
Reference to the use of force tends to he avoided in collective bargaining
owing to its serious consequences. However, a show of strength or
determination implies preparedness to apply power. Threats, although
introducing a greater sense of reality to the bargaining process, are likely to
impede progress because they provoke counter-threats. To be effective, a
threat must be realistic in terms of the power upon which it is based and the
party resorting to the use of threats must be prepared to carry them out. If not,
a threat may be seen as a bluff and the party responsible takes the risk of
exposure.

4.3.3 The 'two track or 'boundary role' model

Negotiation in industry is concerned with defining or re-defining the terms and
conditions of employment. The participants may be employers, managers,
trade union officials or workers themselves. Generally, however, negotiation
is conducted between the representatives of management and workers.
Neither of the groups represented is a simple structure with clear, distinct
objectives which it wishes to impose on the other. The position each side
brings to the negotiating table is subject to change and adjustment over time.
Negotiators work for the parties whom they represent. They negotiate rules or
interpret the manner in which the rules are to be applied. The attitude they
adopt is determined by various kinds of restriction on their autonomy at the
negotiating table. In some cases the restriction applies to 'latitude of decision'.
In others it comes from uncertainty about the policy the organisation wishes to
pursue. Negotiators therefore monitor their constituents (where should we be?)
as well as their opponents (where are they?) (Druckman, 1977). The process
of negotiation may be charted by mapping the extent to which they are
responsive to the one or the other. Druckman calls this the 'two track' or
'boundary' model.

4.3.4 Negotiation as inter-personal and inter-party exchange

Party forces operate in so far as negotiators are representatives of groups.
Personal forces derive from relationships built up at the bargaining table. The
former (party) relationship is the dominant one. The latter (personal)
relationship is the subordinate or diplomatic one. The relative emphasis upon
the one or the other changes as the negotiation proceeds.
Studies of bargaining relationships have revealed that ‘strong’ interpersonal
relationships have important cognitive, affective and motivational elements.
They allow negotiators to exchange information freely, indicating the likely
reaction of one organisation to proposals from the other. They are affectively
positive in terms of trust, respect, liking and so on. They are cooperative
rather than individualistic or competitive.

4.3.5 Integrative and distributive bargaining

 Negotiations may be conducted as exercises in either collaboration or strategic
confrontation. In the former, the participants attempt to solve a common
problem using an influential approach. In the latter, each attempts to coerce or
outwit the other. Disagreement may be resolved by (i) an imposed solution or
(ii) compromise or (iii) an integrative solution in which all the participants are
satisfied by the outcome and feel they have gained.
In some cases, negotiators are more willing to work towards agreement than in
others. In such cases, negotiation may be viewed in terms of a. 'collaborative'
model, in which the parties are prepared to make sacrifices in the interests of
achieving some overriding goal. Strategy is more a matter of forestalling the
consideration of certain unattractive solutions than a matter of extracting a
change in the adversary's position.
Integrative bargaining results from a consultative and cooperative approach
to the attainment of objectives which are not in fundamental conflict with
those of the other party. The negotiation is essentially a problem-solving
exercise. The negotiator helps his opponent understand alternative solutions
and invites his participation.
Take a wage bargain for example. It could be that the two sides already share
common expectations that if a given increase in output can be achieved there
will be a corresponding increase in wages and salaries. (How this agreement
was reached need not concern us here). The situation is not perceived as one
of conflict but rather as one in which both parties cooperate to find, within
agreed parameters, acceptable means of increasing output so that wages can
then rise. The outcome will probably be some form of productivity agreement.
On the other hand, it may be that each side expects the other to take a different
view of the situation and to react to the other's proposals in a hostile manner. For
example, in the same wage bargaining situation, the trade union may expect the
employer to refuse to consider the increase it seeks. Or the employer may expect
the union to refuse to meet his required level of productivity. Consequently, either
or both sides perceive a conflict situation and unless expectations can be revised
this perception will be proved accurate. The outcome will probably be a
compromise and the techniques of distributive bargaining will be used to achieve
it.

4.3.6 A Systems model

Conflict begins when some change in existing circumstances, sometimes inadvertent,

sometimes deliberate, creates a situation in which one party feels it must confront
another. That is, conflict starts with some input from the environment.

The 'working core' of the model (see Figure 2) is the transformation element, the
process of negotiation. Input is encoded, summarised and sorted and a decision is
made to act. The core processes of the model are searching for information,
interpreting the information, influencing and decision-making.
 The control element in a systems model contains policies and decision rules
(themselves the product of social action) which operate upon the process of intra-
organisational bargaining to produce a more detailed specification of goals. Controls
are also imposed by various background factors and negotiating conditions.
The memory element contains the data storage facilities of the management and union
organisations.

The output element contains the product of the negotiation, including effects upon the
attitudes of the negotiators and upon the members of the constituencies which they
represent.

Finally, the model contains a loop for the feedback of effects, emphasising the
importance of continuity in the relationship between the sides. The inclusion of an
explicit feedback loop also reminds us that negotiations are part of a more general
process in which the practitioners learn about the methods and expectations of the
other side. Models represent the key variables involved in a complex setting and
provide a language, a set of conventions, for describing what is going on. The
systems model can help practitioners identify relationships between basic variables,
forecast changes in the environment and make bargaining decisions. The model
underlines the importance for practitioners of working out what their opponents are

Control element
Policies,
decision-rules, goals
Background factors
Conditions

Input element Output element

Violation of Transformation element
tolerances Contract
Internal and external
negotiation Attitudes of
negotiators and
Information interpretation, constituents
influence, decision-making

Memory element
Data store

Feedback of effects

Figure 2 - A ‘system model, from Allen, 1971

 The language of control suggests that negotiators operate within a system of
constraints. In order to understand an opponent’s behaviour, it may be necessary
to identify the constraints perceived from his point of view. Strong bargaining
relationships help negotiators to do this.

4.4 THE SEVEN STAGES OF DISTRIBUTIVE BARGAINING

If we assume that distributive bargaining is the best approach in a given

situation, the following are the stages we would follow -

PREPARATION

(1) Formulate a bargaining objective which represents the settlement you want to
achieve.

(2) Assess your bargaining power and that of your opponent. If there is a
disparity between your objective and the bargaining power needed to achieve
it, either change the objective or deride on a means of increasing your power.

(3) Draw up a strategy for pre-negotiation power building, if required, and for the
bargaining situation itself.

(4) Prepare a series to bargaining objectives designed to bring about the

achievement of your overall objective.

(5) Prepare your case, form and then brief your bargaining team.

NEGOTIATION

(6) Engage in the negotiation. This usually involves four distinct steps -

(i) Obtain as much information as possible about your opponent's

position, including the basis of his argument, his willingness to move
from his initial position.

(ii) Attempt to change the way in which your opponent sees his own
position so that he will be prepared to move away from it in a way that
will benefit you.

(i) Begin to move towards a settlement.

(ii) Finalise the agreement.

IMPLEMENTATION

(7) Check that the agreement is being implemented in the way it was intended.
4.5 PREPARING FOR NEGOTIATIONS - A CHECKLIST

(A) Researching your case

1. Are you quite clear about what you want to achieve?

2. Have you arranged your objectives in priority order?

3. Have you established the minimum outcome acceptable to you?

4. Have you established what would be an ideal outcome, given favourable

conditions?

5. Have you taken account of the needs of other interested parties?

6. Have you established all the facts of your case? Do you know how it
developed?

7. Do you have support data available for immediate reference?

8. Have you differentiated between fact and opinion in the substance of your
case?

9. Have you listed the assumptions you have made?

10. Have you prepared a logical argument?

11. Have you identified the weaknesses in your argument?

12. Have you assessed the strength of your position?

13. What action have you taken to strengthen your position?

(B) Researching your opponent’s case

1. Do you know what your opponent hopes to achieve?

2. Do you know the facts of your opponent's case?

3. What arguments do you think your opponent might use?

 4. Can you anticipate any omissions or inconsistencies in his case?

5. Have you assessed the strength of your opponent’s case?

6. Have you listed the assumptions you believe he will make?

7. Do you know his needs, motives and expectations?

C) Researching the background

1. Are you aware of relevant company policies?

2. Do you know the details of other relevant agreements?

3. Have you established relevant precedents, customs and practices?

4. What are the constraints on your opponent’s position?

5. What are the constraints on your position?

6. In view of the known constraints, what are the alternative approaches?

(D) Planning the negotiation

1. Do you foresee a ‘win/lose’ or a ‘mutual interest’ situation?

2. Have you considered alternative tactical approaches?
3. Are there any opportunities for co-operative problem-solving?
4. Will you let him put his case first?
5. Will your initial statement be long or short?
6. Have you thought about how you should present your case?
The style? The manner?
7. How will you maximise the strengths of your case and
minimise its weaknesses?
8. Have you identified the points you are prepared to concede?
9. Have you listed the benefits to your opponent of accepting your
proposals?
10. Have you listed the disadvantages of your proposals from your
opponent’s point of view?
11. How will you counter his object ions?
12. Have you listed the consequences for both sides if your proposal is not
accepted?
13. How far are you prepared to go on this issue?
14. Is there a time limit in settling this issue? If so, what are its effects?
15. What would be the advantages or disadvantages of changing the timing
of the negotiation?
16. Have you considered the likely consequences of the approach vc’n
have selected?
17. What would be the cost of a stalemate?
18. What lessons have you learned in previous negotiations that might help
you in this one?
 19. Have you anticipated your opponent’s likely strategy?
20. Could you use his likely strategy to your advantage, or should you
counter it?
21. Are you prepared to question the facts on which his case rests?

22. Are you prepared to question his assumptions, his arguments or his
conclusions?
23. How will you minimise the strengths of his case and maximise its
weaknesses?
24. How will you react if he dwells upon the weaknesses in your case?

(E) Review

In the light of your answers to the above questions, is your overall objective
still valid? Should it be modified - or abandoned?

4.6 SOME NEGOTIATING GUIDELINES

Plan your tactics with the other team members. Instruct them to watch for your
signals at the negotiating table and to keep quiet if signalled to do so.
Ensure each team member knows what to say and what not to say.

1. Do not argue among yourselves in the presence of the other party.

2. Try to create a congenial atmosphere: be courteous but firm.

3. Put your case concisely; avoid unnecessary detail in the opening stages.

4. Steer the discussion on to your strong points or the opposition’s weak points.

5. Don’t withhold critical information. It will not serve your purpose if the other
party discovers vital facts from another source.

6. Avoid telling the opposition what they should do. It is better to make suggestions
for their reconsideration.

7. Listen carefully to the opposition; don’t interrupt. Watch out for non-verbal
signals.

8. Avoid questions designed to embarrass or produce an emotional response.

9. Don t react immediately to an attack; try to absorb it, e.g. by making notes.

10. If necessary, take time to consider your response before you make it.

11. When in doubt as to what next to do, call for an adjournment and use the time to
plan your next move.

12. Do not cause unnecessary delays.

13. Do not display anger or bitterness. Express your feelings and reactions politely;
 each party needs feedback from the other.

14. Do not give cause for offence.

15. It may serve your purpose to help the opposition "save face" should the occasion
arise.

16. Your position may be jeopardised if you concede too much.

17. Where possible, don't give a concession away; trade it for another of equal value.

18. Do not try to take unfair advantage of the other party; successful negotiations
usually involve some advantage gained by both sides.

19. Be prepared to look for alternative solutions that are acceptable to both parties.

20. Help the other party feel he has achieved something.

21. If a reasonable settlement is offered, don't seek further advantage for your side -
you may talk yourself out of the offer.

SUMMARY OF NEGOTIATING SKILLS

Top negotiators get results by –

o Collecting all the facts.

o Preparing and presenting a logical argument.
o Identifying weaknesses in the opposition’s case.
o Demonstrating the strength of one’s own position.
o Agreeing to compromise.
4.7 COLLECTIVE BARGAINING

4.7.1 Definition

Collective bargaining is concerned with the relations between unions

representing employees and employers (or their management representatives).
It involves the process of union organisation of employees; negotiation,
administration and interpretation of collective bargaining agreements covering
wages, hours of work and other conditions of employment; engaging in
concerted economic action; dispute settlement procedures.

The bargaining is collective in the sense that the chosen representative of the
employees acts as the bargaining agent for all the employees in carving out
negotiations and dealing with management. The process may also be
considered collective in the case of the corporation in which the paid
professional managers represent the interests of the stockholders and the board
of directors in bargaining with union leaders. On the employer's side, it is also
 collective in those situations where companies have joined together in forming
an employers' association for the purpose of bargaining with the union.

4.7.3 Union Objectives in Collective Bargaining

(i) maintenance of the organisation;

(ii) rationing of scarce job opportunities;
(iii) improvement of wages, hours and other terms of
employment;
(iv) development of a judicial system for deciding disputes
over the rights of workers.

Maintenance of the Organisation

Without this objective nothing can be accomplished. The union's right to exist is
usually challenged by employers at the outset and conflict over this issue may
continue for decades before the union is finally accepted as a permanent feature of the
industry. During this time the union spends much energy in fending off employer
attacks, developing experienced leadership and stable organisational forms and
persuading workers of the need to join the Union, pay the dues and support union
objectives. The right to organise is accepted by all trade unionists and it will never be
compromised. Even when the union's survival is no longer in doubt, much attention
is still given to keeping the organisation strong and intact.

Rationing of Scarce Job Opportunities

The control of job opportunities is a key union policy in collective bargaining. There
is usually a shortage of ‘good’ jobs and the number of people competing for such jobs
far exceeds the number of vacancies available. This poses the problem of who should
be selected for the best positions.
In theory the employer would select the best man for the job available. In principle he
would be free to promote or demote, hire or discharge, on the basis of the most recent
evidence regarding suitability. This solution does not commend itself to most manual
workers. It implies insecurity of job tenure, a constant threat of displacement if the
employer can find someone more efficient. It also implies that nothing but efficiency
should be taken into account when hiring and firing. However, most workers would
argue that length of service, age, family responsibilities and union membership should
be taken into consideration.

Faced with an assumed scarcity of Jobs and the insistent demands of workers for
security of job tenure, the union develops policies to maintain or increase the total
number of jobs in the industry to ensure that union members get first chance of these
jobs and to see that the different kinds of jobs are distributed among workers in a fair
 and reasonable way. The distribution of available work is too vital to be left to the
sole discretion of the employer and steps are taken to control it by means of rules
which the union has helped to formulate.

Improvement of Terms of Employment

A third set of union objectives relate to the improvement of wages, working hours and
other terms of employment. On this front, the unions are riding a flood tide. National
output per capita has been rising for many decades in most countries of the Western
world and continuing improvement in wages and working conditions has come to be
taken for granted. The unions may speed up this process in some respects. In any
event, they usually take credit for the improvements that occur in the course of time,
even though most of these would have taken place anyway and they strengthen the
worker’s conviction that progress is normal and right.

In bargaining over the terms of employment, unionism reveals its flexible and
pragmatic character. There are no general principles determining how large the
demands should be at a particular time, or what should be their specific character. At
one time, the unions will push for reductions in hours, at other times for pension
plans, medical care funds or straight wage increases. In one year the wage demand
may be ten cents per hour, in another twenty-five cents, as circumstances seem to
warrant. The only firm principle is that the movement must always be in the same
direction - forward.

Development of a Judicial System for Deciding Disputes

A fourth sphere of union activity involves the process by means of which the rules
stated in the union contracts are interpreted and applied to individual workers. The
union is concerned; not only with a voice in making the rules, but also with seeing
that they are equitably applied and that the rights of individual workers are fully
protected.

4.7.4 The Significance of Profit in Collective Bargaining

(i) Profit provides a margin of security for the company. The higher the
company's profit margin, the farther it can fall if business turns bad before
encountering actual losses;

(ii) Secondly, profit is important as a return to present to prospective investors in

the company. Stockholders who find their dividends falling are likely to voice
their discontent with management and may try to do something about it. More
importantly, a low rate of profit may make it difficult for the company to raise
funds for expansion;

(iii) Profits are themselves a source of funds for expansion of plant. Reinvested
earnings are now the main source of capital for expansion. A low rate of
profit may mean that the company will have insufficient funds to finance
projects that would help to increase profit;
 (iv) Profits are an index of management success. If senior management is unable
to show as good a profit rate as other companies in the industry, it is apt to feel
that its performance is subject to criticism. Even if the profit rate has no direct
bearing on executive salaries, most managers like to feel that their business
performance compares well with others in their job.

CHAPTER 5: LABOUR LEGISLATION

5.1. BACKGROUND TO LABOUR LEGISLATION

5.1.1 The Law

The Law may be defined in broad terms as the rules of action which govern
the conduct of the community and are enforced by the organs of the State. The
purpose of the law is to establish a basis for the preservation of public order
and justice. It derives from two main sources — Common Law and Statute
Law.

5.1.2 Common Law

The common law is that part of the law which is not the subject of Acts or
Regulations and which comprises a body of legal principles based on custom
and judicial decisions gradually built up over the years, being subject to an
on-going process of interpretation and adaptation to new circumstances. It is
common to the whole of the country. In terms of the Constitution, the common
law of Zimbabwe is Roman-Dutch law, as it is in South Africa.

5.1.3 Statute Law

The statute law of the country is made by Acts of Parliament. The statutes are
contained in —

(i) the 1996 Edition of the Statute Law of Zimbabwe

(ii) the individual Acts of Parliament published with the weekly

Government Gazette.

The rules of interpretation of statutes are also applied to statutory instruments

such as proclamations, regulations, by-laws, rules, orders and notices which
are made in terms of the statutes and which have the force of law.

5.1.4 The Making of Statute Law

 Laws or Acts of Parliament are made by the legislature. A law in draft farm is
called a Bill which may be introduced in the House of Assembly. A Bill
passed by the House of Assembly and to which the President assents becomes
an Act and hence a law.

The Parliamentary Legal Committee examines all Bills and statutory

instruments to see whether they contain any provisions which are contrary to
the Declaration of Rights. If any provision is contrary to the Declaration of
Rights and is not necessary in the national interest, the Bill containing the
provision is not passed or the provisions of the statutory instrument are
annulled.
There is a common law rule that a law is not binding until it is promulgated,
i.e. made known by public declaration. Promulgation of statutory instruments
takes place by means of publication in the Government Gazette.

5.1.5 Scope of Labour Law

Labour law is part of the law which deals with legal problems arising out of
employment. It is concerned primarily with the relationship between employer
and employee, i.e. the contract of employment.

However, with the development of the trade unions and employer

organisations and the increasing role of the State in labour relations, labour
law may be said to concern relationships between and among the employer,
employee, organisations representing employers and employees and the State.

5.1.6 Growth and Development of Labour Law

Labour law is based on legislation and relevant case law or judicial precedent.
The growth and development of labour law has tended to mirror the changing
pattern of employment which in turn reflects the social change. Although
based on the law of contract, much of our labour legislation has been created
by Parliament in recent years. The courts have played a major part in
interpreting the legislation. The labour law of the country constitutes the
framework upon which the practice and procedures of employment and labour
relations are based. It provides a basis for the resolution of disputes, often
without the parties having to resort to the courts.

5.1.7 Labour Legislation of Zimbabwe

The following is a list of the main legislation pertaining to labour and

manpower in Zimbabwe –

1.. Labour Act Chapter 28.01 as amended by Act 17 of 2002 and as

amended 30th December 2005.

2. Labour Relations (General) Regulations S.I. 31 of 1993

 3. Labour Relations (Settlement of Disputes) Regulations S.I. 217 of
2003.

4. Labour Relations (Retrenchment Regulations), 2003 S.I. 186 of

2003.
5. Labour Relations (National Employment Code of Conduct)
Regulations, 2006, S.I. 15 of 2006.

6. National Social Security Authority Act, 1989 No. 12 of 1989,

plus regulations

7. Factories and Works Act, Chapter 283, as amended.

8. Factories and Works Regulation (various)

9. Manpower Planning and Development Act, No. 36 of 1984

5.2 THE LABOUR ACT, CHAPTER 28:01

Part II – Fundamental Rights of Employees (sections 4 – 7)

These include the rights to –

(i) Membership of a trade union and/or workers committee;

(ii) Prohibition of forced labour;

(iii) Protection against discrimination on the grounds of race, tribe, place of origin,
political opinion, colour, creed, gender, pregnancy, HIV/Aids status or
disablement;

(iv) Democracy in the workplace; and

(v) Fair labour standards (e.g. payment of minimum wages, hours of work, lawful
working conditions and compliance with safety regulations).

Part III – Unfair Labour Practices (sections 8 – 10)

Unfair labour practices may be committed by the employer, trade union or workers’
committee. They include –

1. Preventing or obstructing an employee in the exercise of his fundamental

rights (listed in Part II);

2. Refusing to negotiate in good faith with a trade union or workers’ committee;

 3. Failing to implement a collective bargaining agreement;

4. Contravening the provisions of the constitution of a workers’ committee or

trade union;

5. Failing to implement a decision of an employment council or employment

board;

6. Sexual harassment or demanding sexual favours.

Part IV – General Conditions of Employment (sections 11 – 18)

This part deals with contracts by young persons, duration particulars and termination
of employment contracts, dismissal, retrenchment and measures to avoid
retrenchment, sick leave, vacation leave, special leave, weekly rest and remuneration
for work during Public Holidays, death of the employer, rights of the employee on
transfer of the undertaking, and regulatory power of the Minister.

Part XIII – Determination of Disputes and Unfair Labour Practices s

sections 93 – 101)

In ascending order of seniority the various levels of dispute resolution/reconciliation

are –
(a) Labour Officer/Designated Agent
(b) Labour Court
(c) Supreme Court

5.3 WORKERS’ COMMITTEE GUIDELINES

5.3.1 Workers’ Committee: Definition

A workers’ committee is essentially a committee nominated and elected by the

workers to represent themselves in discussions/negotiations with members of
management. If over 50% of the workers are members of the registered union
for their sector all persons standing for election to the workers committee must
be members of the union. A workers’ committee therefore consists entirely of
employees and does not include any management representatives. Members
of the workers’ committee are free to discuss such matters as they may wish to
debate without interference by management.

In the interests of good order it is desirable that the workers’ committee should
have its own constitution so that all members of the workers’ committee and
the employees they represent know exactly where they stand what their
parameters are.
 Obviously, however the workers’ committee will have to meet members of
management from time to time to discuss and to formulate recommendations
in respect of the matters referred to in its constitution. These joint meetings
should be designated ‘Works Councils’. If a company has a workers
committee it is obliged in terms of the Labour Act to have a Works Council.

The constitution of the Works Council itself should be a matter for discussion
and agreement between the workers’ committee and management, as also
should be the procedure and content of the meetings of that joint body.

5.3.2 Aims and Objectives

The aims and objectives of the workers’ committee should include –

(a) To act as a direct link and means to communication between

Management and employees at shop-floor level;

(b) To provide means for the presentation of and discussion with

Management of employees’ requirements and grievances;

(c) To promote stability and good employment relationships and to

encourage the settlement of differences and disputes by disciplinary
methods;

(d) To promote productivity by generating a stable and good

atmosphere within the company and especially within the
working environment;

(e) To promote the interests of the employees whom they

represent by making regular contact with them;

(f) To ensure that if a fellow worker seeks their advice in respect of any
grievance or disciplinary matter at least one member of the committee
is available to render such advice and assistance as may be required;

(g) To co-operate with the established trade union in ensuring where

applicable that the industrial agreement or the industrial regulations for
the industry are observed to the mutual benefit of all employees and
management.

5.3.3 Composition of the Workers’ Committee

(a) It is the interests of efficiency and ease of administration that the

workers’ committee should be of manageable proportions. Moreover,
in the interests of efficiency and continuity, it is equally desirable that
the members of the workers’ committee should be elected to office for
a period of not less than 12 months from the date of election. This
enables the members of the workers’ committee to familiarise
themselves with all the ramifications of the company or workplace
operations and gives them time to gain experience in negotiations in
 the interests of the employees whom they represent. It also establishes
a good relationship with them. Frequent changes in the membership of
the workers’ committee can only result in instability and lack of
confidence on the part of the employees themselves in the members of
the workers’ committee.

(b) The workers’ committee should elect its own chairman, vice-
chairman, secretary and assistant secretary. In addition, in the
interests of continuity, alternates should be elected for at least half the
members of the workers’ committee so that if one or more committee
members are absent, for any reason at all, their place can be taken by
an alternate. Where the strength of a particular department is much
greater than any of the other departments within an undertaking, then
the number of elected representatives should be increased
commensurately.

(c) It may be necessary in cases of large establishments for each

department to have its own sub-committee, the chairman of which
could be the department’s representative on the main workers’
committee. How the members of each sub-committee are elected is a
matter for the members of the department itself to decide. It would be
desirable however, to have the members of the sub-committee elected
democratically. The purpose of forming these subcommittees is
essentially to ensure that the views, opinions, likes and dislikes of all
employees are known to the workers’ committee. The sub-committee
provides a means of the workers’ committee reporting back to the
employees in their constituencies on the result of the workers’
committee negotiations with management.

(d) Members of the workers’ committee and subcommittee shall not be

favoured (with the exception of the provision in paragraph 6) or
prejudiced in any way in the pursuit of their responsibilities as
members of the committee.

5.3.4 Elections

(a) Elections by secret ballot should be held once every twelve months at
least two months before the anniversary date of election of
the current workers committee/subcommittee.

(b) Any employee who has twelve months or more service the company
should be eligible for election, subject to the 50% union membership
ruling (see paragraph 5.1)

(c) Any member of the workers committee may resign if he so desires but
whenever possible it is suggested that he should give a month’s notice.

(d) Any vacancy which may be created on the workers’ committee by

resignation, termination of service with the company, or any reason
 whatsoever, should be filled as soon as possible by a by-election in the
constituency/department in which the vacancy has occurred.

(e) Election of members to workers subcommittees may be by a show of

hands at a meeting of the members of each department concerned. The
election of the chairman, vice-chairman and secretary of each
subcommittee should be by consensus of the members of the respective
subcommittees.

5.3.5 Matters which fall within the portfolio of the Workers’ Committee

(a) All matters of mutual interest to the employees and management.

(b) Prevention of accidents, elimination of health hazards.

(c) Provision of welfare and community services.

(d) Housing where this is applicable.

(f) Improvement of working and living conditions.

(g) Implementation of agreements reached between management and the

workers’ committee.

(g) The avoidance of disputes and other acts which are not conducive to
productivity or good relationships.

(h) The prompt settlement of disputes at the lowest possible level.

(i) The explanation and clarification of workplace rules and regulations to

co-workers and, where applicable, to wives and families or employees.

In all these regards, Unions are to assist management when called upon to do
so.

5.3.6 Conduct of Meetings of Workers/ Committees

(a) Workers committees should meet outside of normal working hours.

However, members of the workers committee who are required to
attend matters falling within their jurisdiction may be allowed
reasonable time off with the consent of the heads of their departments.

(b) Members of the workers committee should have reasonable access to

heads of department and management. Should this necessitate leaving
the job in hand, or the normal work site, prior permission should be
obtained from the individual’s immediate superior either directly in
 charge of him or the work site.

(c) In order to enable the workers committee to function satisfactorily

management should consider making a room or hall with adequate
facilities, such as a table and chairs, for the workers committee to meet
and discuss their business in private. Where a room or a hall cannot be
made permanently available for this purpose, the workers committee
should ensure that management is given adequate notice of their
requirement for the room or hall as the case may be.

(d) It is possible that some, if not all members of the workers committee
and workers sub-committee may require some training and guidance in
the conduct of meetings, taking minutes etc. Management should be
prepared to assist if required to do so in providing this training and
guidance.

5.4 WORKS COUNCIL

A works council is a joint committee composed of both management and employer

representatives. The chairmen is nominated among management representatives and the
secretary is elected from the workers on the workers committee.

1. Aims and Objectives of the Works Council

The aims and objectives of a Works Council are laid down in Section 25A 1 (4) of the
Labour Act. They are –
 (a) to focus the best interests of the establishment and employees on the best
possible use of its human, capital, equipment and other resources so that
maximum productivity and optimum employment standards may be
maintained; and

(b) to foster, encourage and maintain good relations between employer and
employees at all levels and to understand and seek solutions to their common
problems; and

(c) to promote the general and common interest, including the health, safety and
welfare of both the establishment and its workers; and

(d) in general, to promote and maintain the effective participation of employees in

the establishment and to secure the mutual co-operation and trust of
employees, the employer and any registered trade union representing
employees in the establishment in the interests of industrial harmony.

2. Areas for Discussion by the Council

Areas for discussion are also laid down in the Act – Section 25A (5). They are:-

i) the restructuring of the workplace caused by the introduction of

new technology and work methods;

ii) product development plans, job grading and training and education schemes
affecting employees;

iii) partial or total closures and mergers and transfers of ownership;

iv) the implementation of an employment code of conduct;

v) the criteria for merit increases or payment of discretionary bonuses;

vi) the retrenchment of employees, whether voluntary or compulsory.

Prior to implementing a proposal concerning any of the above the
Employer shall –

1. afford the members of the Works Council, representing the

Workers Committee, a reasonable opportunity to make representations
and to advance alternative proposals;

2. consider and respond to the representations and alternative proposal, if

any, made under paragraph (i) and if the employer does not agree.,
state the reasons for disagreeing;

3. Generally attempt to reach consensus with the members of the Works

Council representing the Workers Committee on any matters referred
to 2 (i) to (vi) above.

3. Composition of the Council

 a) The council shall consist of equal numbers of members representing
company and the workers committee.

b) There shall be one chairman nominated by the company from time to time
amongst its representatives.

c) There shall be a secretary elected from amongst the employees’

representatives.

d) Membership of the council may be increased from time to time whenever the
need arises.

4. Nomination and Election Procedures

a) Management shall nominate its representatives. These representatives

may be changed from time to time at management’s discretion.

b) Employees’ representatives shall be elected from amongst employees (on the

workers committee) who have service of not less than one calendar year of
continuous service with the company at the date of nomination.

c) Election of employees’ representatives shall be in accordance with the

following rules:-

i) An employee who is confirmed in his appointment is eligible to

proposed or second a candidate from his department for election to the
council. The proposed candidate shall indicate his consent to stand for
election. No candidate is eligible to stand for election unless he has
been proposed and seconded by employees in his department.

ii) All confirmed employees from within each department shall then lodge
one secret vote for one of the candidates for election to the council.

iii) The candidate receiving the largest number of votes in each

department is deemed elected as the employees’ representative to the
council.

5. Term of Office

(a) The term of office of the council is one full calendar year.

(b) Where a vacancy occurs from amongst the employees’ representatives for any
reason whatsoever such vacancy shall be filled by due nomination and
election, provided for in section (4) subsections 4(b) and 4(c) above within
three months of such a vacancy occurring; where such vacancy occurs
within three months of the expiry of the term of office of the council such
vacancy shall remain unfilled.
 (c) A member of the council shall vacate office if he or she ceases to be employed
by the company.

(d) Any member of the council is eligible for election for further terms of office.

6. Meetings

(a) The council shall normally meet once a month on such dates and at
such times as the council shall from time to time determine and at such times
lines as the chairman or 50 per cent of the representatives so request.

(b) Meetings shall normally be held during office hours.

(c) A quorum of any meeting shall consist of 50% of the representatives from
each side.

(d) Items proposed for discussion shall be submitted in writing to the

secretary not later than seven days before each council.

(e) Except with permission of the chairman no issues shall be discussed other than
those set out in the agenda.

(f) When the chairman is of the opinion that a matter is fully discussed, or that
further discussion is unnecessary in the best interest of the council, he may
terminate any such discussion.

(g) Minutes of meetings shall be kept in a minute book by the secretary and these
shall be confirmed as the first item of business at the following meeting; upon
such confirmation, the minute book shall be signed by the chairman and the
secretary.

The company shall provide a suitable place for meetings.

(i) All expenses incurred in connection with the conduct of the council's business
shall be borne by the company.

7. Attendance by Other Persons

(a) The council may at any time invite persons, whether in the employ of the
company or otherwise, to attend part of, or any full meeting provided
such persons possess, in the opinion of the council, special qualifications or
experience which may assist the council in any particular problem or
problems.

(b) Any such person in attendance shall only participate in an advisory capacity.
8. Publicity

(a) Where the council so desires, monthly, weekly or any other periodic report of
the recommendations, deliberations and progress of the company’s
implementations thereof may be publicised by the council in bulletins, works
magazines, or notice boards, or any other media as the company may
determine in the light of recommendations by the council.

(b) The company shall bear the full expenses incurred in such publicity.

9. Council Recommendations

(a) Recommendations of the Council shall usually be unanimous, or by majority

vote.

(b) The chairman shall have one vote and in the case or a tie, a casting vote.

(c) The company shall as far as possible endeavour to accept and implement
council recommendations. In case of non-acceptance of council
recommendations, the company shall endeavour to communicate to the
council its reasons for such rejection unless such reasons involve confidential
matters relating to company policy, financial structure or staff matters.

10. Privileged information

(a) All proceedings of the council are confidential.

(b) No member is permitted to disclose any information arising out of or

during the course of the council’s proceedings to any person who is
not a council member unless the chairman approves.

(c) The company and the chairman are not bound, or obliged, to supply
information which, in their opinion, will jeopardise the company’s
business, or disrupt the harmony among employees and/or
the good relationship between management and
employees.

11. Modification of constitution

The constitution shall only be amended by unanimous agreement of the full

council.

5.5. NATIONAL EMPLOYMENT CODE OF CONDUCT

 ‘THE NATIONAL EMPLOYMENT CODE OF CONDUCT REGULATIONS

Note that the National Employment Code of Conduct applies to terminations where –

 you have no Code of Conduct (either company or NEC), or

 there is a Code in existence but it is not registered, or
 the registered Code does not extend to a portion of your workforce (e.g.
managerial employees).

OBJECTIVES OF THE CODE

(a) ‘To provide machinery for careful investigation of offences before

corrective/disciplinary actions can be administered’

While this is a laudable objective, nothing in the National Code specifically addresses
this objective. However, there is a sufficient body of law dealing with the issue of
what constitutes an appropriate investigative/disciplinary process. Employers
generally know they may have to show an arbitrator and/or the Labour Court that a
thorough and transparent investigation was carried out prior to the first disciplinary
hearing.

(b) ‘To ensure consistency and prompt action by the responsible/administering official or
committee on issues concerning discipline’

Part of this objective is met in that the National Code does have a very tight time-
scale. Once the offending employee is suspended, the formal process of investigation
and hearing must be completed within 14 working days.

Time-frames are important and where they are as tight as this, be aware of when you
start the formal process and keep a keen eye on time elapsed. Many legal practitioners
favour the defense of ‘lack of jurisdiction’ due to lapsed time.

(c) ‘To ensure equating an offence to the resultant corrective action allowing for
mitigation or aggravating factors’

My inclination here is to ask, ‘What?’ However, I think that what this objective is
seeking to address is consistency of punishment, based on an objective assessment of
all relevant factors, including mitigating factors (to reduce the severity of any penalty)
or aggravating factors (which may warrant a more severe penalty).

Section 7 of the National Code – dealing with ‘Penalties’ – does attempt to address
this objective. Of course, it is difficult to be completely consistent, as circumstances
both personal and particular to the misconduct are always going to be different even
where the offence is the same. Always remember that the onus falls on those
 conducting the hearing to show why they treated seemingly similar offences
differently.

(d) To provide guidelines on

procedural and substantive fairness and justice in handling disciplinary matters at the
workplace’

Section 6(4) of the National Code does address this objective – and it is also
reinforced with significant case law dealing with what constitutes ‘procedurally and
substantively fair hearings’ and ‘natural justice’. However, do not lose sight of the
fact that proceedings in disciplinary hearings are informal. All you need to do is
ensure that the employee accused of misconduct:-

 has had written notification of the allegations against him, with sufficient
information for him to know what it is he is trying to defend himself against (so
that the complainant does not ‘ambush’ him at the hearing; there is no need for
‘Perry Mason-type tactics’ in a disciplinary hearing)

 can hear his accusers in person and can cross-examine those who give evidence
against him

 Can present his own defence and call any witness he wishes.

MISCONDUCT

This section lists the various grounds on which an offending employee may be disciplined.
( serious offenses)

(a) Act Inconsistent

(‘Any act or conduct or omission inconsistent with the fulfilment of the express or
implied conditions of his or her contract’)
Here, if one is looking to discharge from employment, there is a need to show that the
‘act inconsistent’ goes to the core of the employment contract. For example, it is an
‘act inconsistent’ to arrive 10 minutes late for work – but without a history of valid
warnings for the same offence, this single inconsistent act is not going to be sufficient
to warrant discharge of the offending employee. Note that it is not necessary to show
the offender is in breach of a specific term of his contract, as certain behaviour can be
seen to be inconsistent by implication. For example, an employee who runs his own
business on the side in direct competition with his employer is without doubt guilty of
an ‘act inconsistent’, whether the employee’s conditions of employment make
reference to this or not.

(b) Wilful disobedience to order a lawful

 Obviously, the order that is disobeyed must have been lawful to start with. To take an
extreme example, if you ordered your employee to steal or kill, those would not be
orders that you could lawfully give. However, the more common disagreements are
not whether the order was lawful but rather arguments about whether the order was
actually given – and also whether it was in fact disobeyed. A common defence is, “I
was going to do it but you charged me with misconduct before I could”. Wherever
possible, put an order in writing and set a time-frame for compliance. To successfully
pursue discharge from employment on this ground, you need to show that the failure
to obey had significant consequences either in terms of the specific outcome or in
terms of its negative impact on disciplinary control as a whole.
(c) Wilful and unlawful destruction of the employer’s property

Remember (1) it is the employer’s property that must have been destroyed (rather
than a customer’s, for example); (2) the property must have been destroyed as
opposed to damaged; (3) ‘wilful’ means you need to show that the employee’s act of
destruction was deliberate as opposed to careless; and (4) the destruction must have
been unlawful, i.e. not part of his normal duties of disposal.

(d) Theft or fraud

Note that ‘or’ means these are alternatives. You should not allege both. Fraud is an act
of dishonesty occasioned by a misrepresentation while theft is the removal of property
belonging to another with the intention of permanently depriving the owner. The
property does not have to be property belonging to the employer. The value of the
property is immaterial. Some feel that a small amount or value stolen mitigates the
severity of the penalty. I do not agree with this view; theft is theft regardless of
amount or value. The offence goes to the core of the employment contract,
undermining trust.

(e) Absence from work

(‘Absence from work for a period of five or more working days without leave or
reasonable excuse in year’)
This section is as it has been since 1985 except there is now a reference added at the
end to ‘in year’. It is difficult to know what this means. It could mean 5 days
accumulated in a year as a total but I do not think so, as this would be very harsh and
the word ‘a’ would have to be read into the section. The words could mean that if you
give a warning for this offence, that warning would fall away in the next year but
again one can only speculate. It seems we shall have to wait either for an amendment
to the regulations clarifying the position or for the Courts to interpret the meaning in a
specific case.

(f) Gross incompetence/inefficiency

(‘Gross incompetence or inefficiency in the performance of his or her work’)

This offence, being performance-based, is one of those offences where it is important
to be able to show (1) the standard of performance required; (2) specifically how that
standard was not met; and (3) the consequences of not meeting that standard (i.e. its
impact for the employer. Use of the word ‘gross’ in my opinion shows that you need
to prove that the level of incompetence/inefficiency goes to the core of the contract of
 employment. ‘Incompetence’ is usually alleged as an offence where the employee has
never been able to attain the standard required, whereas ‘inefficiency’ is alleged
where the employee has attained the standard required in the past but now is no longer
reaching that standard of work, for whatever reason.

(g) Habitual and substantial neglect

(‘Habitual and substantial neglect of his or her duties’)

The wording here continues to refer to ‘habitual and substantial’ rather than or. I am
of the opinion that the Courts will not require an employer to show that substantial
neglect has become habitual before allowing discharge from employment, as they
have not required this in the past. Why the legal draftsman did not correct this
obvious error while he had the chance is not clear.

Note that if the neglect of duty is not ‘substantial’, you will need to show not only
ongoing repeated neglect but that attempts to correct the ‘habitual’ neglect of duty
have been unsuccessful. In my view, I do not think it is a sound idea for an employer
to collect details of various instances of neglect of duty and then argue the neglect has
become habitual, unless each instance has been drawn to the attention of the
employee and you can prove this. Regarding what constitutes ‘substantial’ is always
going to be subjective but try and be fair and consistent in describing this level of
neglect, rather than base your assessment on whether you like the employee or not.

(h) Lack of skill

(‘Lack of a skill which the employee expressly or impliedly held himself or herself to
possess’) In order to show the employee held himself out to possess the skill in
question, it is sound practice at the time of recruitment to require an applicant to
commit himself to possessing a standard of skill in written documentation, rather than
subsequently finding yourself having to argue that by taking the job in the first place,
he must have realised the disputed level of skill was an obvious requirement.

TERMINATION OF CONTRACT OF EMPLOYMENT

This section deals with four ways in which a contract may be terminated. These four grounds
were first introduced by the original Termination of Employment Regulations contained in
S.I. 371 of 1985.

The four grounds are as follows –

(a) Termination in terms of a registered Code of Conduct.

This ground is clearly laid down. You need to register a company Code with
the National Employment Council applicable to your sector and with the
Registrar of Labour, both of whom have very limited powers of interference,
as laid down in section 101 of the Act. You do not need to register your code
with the NEC if prior to 7th March 2003 it was already registered with the
Ministry.
 (b) Termination in terms of the National Code of Conduct.

This is a termination carried out in terms of these regulations – Statutory

Instrument 15 of 2006.

(c) Termination in terms of a mutual agreement in writing.

Remember the agreement does need to be in written form. Agreements tend to

be on the basis of agreeing to pay the employee to leave but this is not a
requirement in law, just a common practice. An agreement to terminate with
no reference to money is legally enforceable.

(d) Termination on expiry of a fixed-term or fixed-job contract.

Again, not new but I would suggest that it is not a good idea to rely on verbal
arrangements. Reduce all arrangements to writing, so you are able to prove
what was agreed. Note also that a contract may be terminated in terms of an
agreed notice period prior to its termination date, as long as you comply with
minimum notice periods – or pay cash in lieu of notice.

DISCIPLINARY PROCEDURE

This section lays down the steps to follow in due disciplinary process.

(1) Suspension

This provision allows the employer to suspend an employee accused of

misconduct with or without pay, once he has good cause to believe the
employee may have committed an offence. The purpose of the suspension is to
allow investigation of the offence. Suspension is not mandatory. You may
choose not to suspend and just charge the employee with the offence. If you
elect to suspend an employee, the suspension needs to be in writing and you
need to indicate the grounds for suspension. I would advise that it is a good
idea to give the letter to the offending employee when you suspend him, as
subsection (1) says this shall be done ‘forthwith’. You should obtain ‘proof of
service’ of this notification to the employee, by obtaining a signature in case
of later dispute.

(2) Complete investigation and hold disciplinary hearing within 14 days

Once you have suspended an employee, you have to investigate, conduct and
complete the hearing within 14 days. Some may argue that you also have to
issue the results of the hearing (the determination) within the 14 day period
 but this is not the way I read this subsection. However, this is by no means
clear and it would be safer to issue the determination within the 14 days.

If you find the employee guilty of the misconduct, you decide on the penalty
after taking cognisance of mitigating/aggravating factors. If the determination
is that he should be discharged from employment, in my opinion that
discharge is from the date of the original suspension - although the subsection
does not specifically say so.

(3) Reinstatement

If you find the employee not guilty, you should reinstate him with no loss of
benefits or salary – i.e. back-pay and benefits are due from the date of
suspension.

(4) Employee’s rights

In this disciplinary process, the employee is entitled to 3 working days notice

of any hearing. Remember that after issuing the suspension letter, you need to
give another formal written letter charging the employee, complying with the
3 working days notice of the hearing, giving details of the charge he is facing.
This results in a very tight time-frame, so keep a close eye on the 14-day limit.

5.7 OUTLINE OF THE NATIONAL SOCIAL SECURITY AUTHORITY

NOTICE, 1990

.The General Manager (through the Fund) will meet the following reasonable expenses
incurred by the worker arising from an accident –

(a) dental, medical, surgical or hospital treatment

(b) nursing

(c) medicines and surgical dressings

(e) travelling and subsistence in respect of a worker’s journey to treatment

(f) the supply, maintenance and repair of medical appliances, (dentures, spectacles,
hearing aids and so on).
CHAPTER 6 : SHOPFLOOR EMPLOYMENT RELATIONS

6.1 POLICIES AND PROCEDURES

A policy may be defined as a directive from top management which applies to the
whole organisation and is designed to guide management thinking and ensure uniform
and consistent action in dealing with repetitive situations in the process of achieving
organisational objectives.

Properly established policy sets broad limits and provides direction but permits some
initiative and discretion on the part of the manager in order to take account of the
varying circumstances in different parts of the organisation.

The policy statement usually gives expression to an objective which the labour
relations student should be able to identify. For example, if it is company policy to do
everything practicable in order to prevent accidents and minimise health hazards, one
could infer the objective of maintaining a safe plant and a healthy working
environment.

A policy does not spell out the details by means of which it is to be implemented.
That is the purpose of procedure. A key element in a procedure is a recognised
sequence of step's or operations which prescribes and standardises how certain work
is to be carried out. The intention is that everyone who carries out a particular job will
do it in the same way. For example, in pursuance of company policy regarding
accident prevention, the factory manager may lay down strict procedures to be
followed by operators when starting, running and stopping certain machines.
6.1.1 Personnel Policies

The following are the advantages of sound personnel policies -

i) In formulating personnel policies, management is obliged to consider

carefully the needs of both the organisation and the employee. Those
concerned must not only consider current practices in other
organisations; they must submit their own convictions to critical self-
examination.

ii) Established policies provide some assurance of consistent treatment of

all personnel throughout the organisation. The risks of favouritism and
discrimination are thus minimised.

iii) Continuity and uniformity of action are safeguarded despite changes in

top management personnel. Policies promote stability and security,
even though individuals move in and out of senior positions.

iv) Where policies reflect established principles of fair play and justice,
they help build employee enthusiasm and loyalty.

v) Policies provide a standard against which the results obtained by

individual managers may be measured.

6.1.2 Written policies

The communication of established policy to all concerned is facilitated when it

is reduced to writing. Written policies relating to personnel let everyone know
what kind of treatment can be expected from management.

In large organisation with many geographically dispersed units, written

policies are essential for purposes of standardisation. They ensure reasonably
consistent treatment throughout the organisation on such matters as pay,
promotion, transfer, lay-offs, pension rights, insurance benefits, training,
discipline and grievance handling.

The reason why many organisations do not reduce their practices, customs and
traditions to writing may be fear of commitment. Management in such
organisations should realise that policies are stated in reasonably broad terms
in order to permit discretion and flexibility in handling individual cases.
Policies are designed to promote the operation of the business, not to impede
it.

6.1.3 Formu1ation of personnel policies

 Sources of information required for the construction of a comprehensive
statement on personnel policy within an organisation include -

i) past and present practices within the organisation

ii) current practices in other organisations in the same industry or in the

same community

iii) the requirements of the board of directors

iv) management values and beliefs

v) practical knowledge and experience of handling personnel problems on

a daily basis.

6.1. 4 Communicating policies

A policy is valuable to the extent that it is applied uniformly throughout the

organisation. Therefore it must be communicated to all concerned ~
managers, supervisors and workers. Managers and supervisors may require
training in the interpretation and application of company policy.

Many organisations produce employee handbooks for the purpose of disseminating

information on company policies. To ensure correct understanding, it is necessary that
the contents of the policy handbook be explained in person during the staff induction
process. Policy changes and amendments should also be explained personally by first-
line supervisors.

6.1.5 The scope of personnel policy

The following aspects of the personnel function have implications for labour relations
and should therefore be the subject of carefully formulated personnel policy in the
organisation -

 recruitment
 selection
 induction
 management succession
 wages and salaries
 incentive bonuses
 overtime
  fringe benefits
 job evaluation
 hours of work
 leave and time off
 sick leave
 Medical aid
 Pensions
 education and training
 promotion and advancement
 career path planning
 performance appraisal
 discipline
 grievances
 disputes
 facilities
 health and safety
 communications

6.2 MANAGING CONFLICT

Conflict occurs when mutually exclusive goals or values exist between or are
perceived by the parties involved.

Conflict within the organisation is inevitable but nonetheless manageable when the
right steps are taken to understand the problem and to deal with it fairly. The results
of conflict can be constructive.

One way of channelling conflict to a useful and productive purpose is to analyse the
conflict situation before it escalates to unmanageable proportions.
The following is a framework for carrying out such an analysis

5. Causes of conflict

The careful identification of all of the factors giving rise to the conflict
situation is essential to the formulation of an effective solution.

The following are some of the possible causes of conflict within the
organisation -
 Informational: the parties have different or insufficient information.

Perceptual: the parties have the same information but they look at the issues in
different ways.

Role: the positions taken by the parties on the issues in the conflict vary
according to their roles in the organisation.

Goals: the parties have different organisational or personal goals relating to

the conflict situation..
Values: the different values of the parties lead them to choose different
solutions to a particular problem.

Dependency: conflict can occur when one party is dependent upon another for
task performance or for the provision of resources.

Degree of association: the greater the degree of participation in decision-

making, the greater the risk of conflict.
Ambiguous jurisdiction: the respective areas of authority or jurisdiction of the
conflicting parties overlap or are ambiguous.

Conflict of interests: the parties in conflict seek access to the same resources,
power or prestige.

Need for consensus: the risk of conflict is greater in a situation where there is
a need for consensus.

Behaviour regu1ation: if behaviour regulations are imposed on the parties, the

likelihood of conflict will increase.

Unresolved prior conflicts: these serve to increase the antagonism between the
parties in the current conflict.

6.2.1 Strategies and tactics for managing conflict

The four general strategies for conflict management are -

 neutralisation

 resolution by submission

 resolution by system restructuring

 uti1isation,

Within each of the four strategies a range of tactics is available -

(1) Neutralisation. This means making ineffective or counteracting the
effectiveness of the opposition to a proposed solution or project. Tactics
include -

(a) Coercion: one party threatens to discontinue its relationship with the
other party or parties unless they accept its proposed so1ution.

(b) Compromise: involves finding a mutually acceptable solution which

partially satisfies both parties; it is an exchange of concessions.

(c) Suppression or "smoothing over”: the conflict is played down or

defused by one or more of the parties involved.

(d) Avoidance or denial: one or more of the parties refuses to acknowledge

that a conflict situation exists.

(e) Enlisting outside help: the use of experts or consultants to support one
party's point of view.

(2) Resolution by submission. The parties in conflict agree to submit to formal

outside intervention under a. new set of rules. This may take the form of -

(a) Arbitration: settlement of a dispute by a person or persons chosen to

hear both sides and come to a decision.

(b) Mediation: intercession or intervention, usually by invitation or

consent for settling differences between persons, groups or
organisations.

(c) Court Action: settlement through a court decision.

(d) Special Referendum: the submission of a law or regulation either

proposed or already in effect, to a direct vote by the people concerned.

(e) Statutory law: the solution to the conflict is discovered by referring to

relevant local or national legislation.

(3) Resolution by system restructuring, which involves the modification of

organisational structure in order to prevent, reduce or eliminate conflict.
Tactics include -

(a) Rotating personnel : different jobs or positions within the organisation.

(b) De-coupling the conflicting parties : reducing the dependence of one

party on the other or reducing their combined dependence on common
resources.

(c) Neutral linking: providing for a neutral party to liaise between or

coordinate the conflicting parties.
 (d) Duplicating services: creating additional facilities or services so that
the conflicting parties have no further need to interact in acquiring
resources for completing a task,

(4) Uti1isation: or making use of the conflict mechanism to elicit a response to or

resolve a problem situation. The tactics of utilisations include -

(a) Confrontation: the parties are brought into direct engagement in order
to focus on the problem at the heart of the conflict.

(b) Negotiation (or indirect persuasion): occurs when a third party

facilitates dialogue and enforces agreed rules of fair play. The six steps
involved are -
(i) initiate dialogue objectively

(ii) involve all parties

(iii) assimilate feelings and information

(iv) negotiate agreements

v) reinforce agreements

vi) solidify agreements.

(c) Consensus and integrative decision-making: a process that allows the

parties to review and adjust relational conditions, perceptions and
attitudes; to determine mutually the major problems; to generate
possible solutions, evaluate alternatives and agree on a single solution.

6.2.2 DISCIPLINARY PROCEDURE

Good discipline may be defined as orderly conduct based on definite standards of

behaviour. The organisation must have a framework of policies, rules and procedures
that enable all of its members to work together in an orderly, systematic manner to
achieve organisational goals and to satisfy personal needs. Without order and system,
operations become chaotic and inefficient and the existence of both the organisation
and the jobs it provides are threatened.

Discipline encompasses three interrelated factors -

(a) the framework of policies, rules and procedures established by the

organisation

(b) the extent to which the employees comply with this framework
 (c) the leadership process - including giving instructions and training and setting
examples - all of which influence the employee’s compliance.

6.2.2.1 Approaches to disciplinary action

Disciplinary action may be defined as the steps taken by management

to correct a condition of poor discipline. It implies some kind of
penalty backed up by the authority of the organisation. The term also
denotes corrective training and instruction, which may well be the applicable
action. Disciplinary action need not always take the form of punishment.

There are two broad approaches to disciplinary action. One is called the
negative approach and the other the positive approach. Although some
organisations may lean towards one or the other approach, a combination of
the two usually works best.

The negative approach is the older, traditional approach. It is also referred to

as punitive or autocratic. It involves rigid adherence to the rulebook and the
application at penalties. It is based on the recognised right of management to
give instructions to subordinates. Compliance with the framework of policies,
rules and procedures is attained chiefly through fear of penalties. Disciplinary
action is considered as part deterrent and part justice. Its adherents are little
concerned with the root cause of the problem and the future performance of
the punished individual.

The positive approach to discipline - also referred to as the corrective,

constructive or human relations approach - assumes that the average person
can seek responsibility and demonstrate self-control and self-direction in
reaching a desired goal. Emphasis is directed at action to improve employees'
conduct and their capability for self-direction. It is corrective rather than
punitive. Since group support for recognised standards of behaviour is an
important factor in this approach, its success depends largely upon the
leadership skills of the managers and supervisors-

6.2.2.2 Disciplinary procedure

The following guidelines to disciplinary procedure are designed to help ensure

the attainment of the two main objectives of disciplinary action ~ the
protection of the interests of the organisation and the protection of the rights of
the individual.

1. Establishing the policy and procedure

The framework of policies, rules and procedures must be formulated

carefully so that no important elements are left out. The aim should be
 to specify actions or conduct which are not in the interests of efficient
and safe work performance and the maintenance of satisfactory
relations within the workforce and between employees and
management. The rules and standards of conduct must be reasonable
and capable of attainment. Care should be taken to ensure that they
conform to the provisions of the Labour Relations Act,

2. Communicating the rules

A sound disciplinary procedure provides advance warning of the

consequences of misconduct. It must be reduced to writing. However,
it is not sufficient simply to hand every employee a copy of the
employee handbook or conditions of service containing the
disciplinary code and procedure.

The details should be explained to every new employee in person

during the induction process. Employees must especially be made
aware of the type of conduct which may result in their suspension and
subsequent dismissal.

3. Encouraging good discipline

Managers and supervisors must set the example by behaving at all

times in accordance with the rules and standards they expect of' their
subordinates. The development of a sound relationship between
managers and their subordinates is an important factor in discipline.
There must be mutual respect and consideration. To the extent that the
manager or supervisor is successful in building a strong work team
with a marked element of group cohesion, discipline can be maintained
by means of group pressure.

4. Investigating the case

If a breach of discipline occurs, the first task if to conduct an

investigation to discover the full facts and circumstances of the case.
Witnesses must be interviewed and statements recorded if necessary.
Care must be taken to differentiate between fact and opinion.

During the investigation, the alleged offender must be given the

opportunity to state his or her version of the situation. It is unwise at
this stage to enter into any argument. Listen carefully to everything all
the parties have to say and don’t jump to conclusions.

5. Taking prompt action

Any delay in the administration of discipline may be misinterpreted by

the culprit. It is important that he or she associate any disciplinary
action with the act or omission that gave rise to it. Any action should
 be taken as early as possible, provided that adequate
investigations have been carried out.
6. Acting in good faith

In the interests of maintaining sound employee relations, it is necessary

to show that any disciplinary action is taken in accordance with laid-
down procedure and with full regard for fairness and impartiality.
Before the hearing commences it is advisable to review the facts
emerging from the investigation, to check the relevant parts of the
organisation’s disciplinary code and procedure and to examine the
alleged offender's disciplinary record.

During the disciplinary hearing, the presiding official should maintain

a positive attitude, free of apology or emotional bias. The degree of
formality will vary according to the seriousness of the disciplinary
violation.

7. Burden of proof

The onus is on the employer to establish that the employee is guilty of

the alleged offence. There must be sufficient evidence available to
show (a) that an offence has been committed in terms of the
organisation’s code of discipline and (b) that the employee alleged
responsible is in fact guilty of the offence.

With regard to the degree of proof, it is advisable for the employer to

be able to prove his case beyond reasonable doubt, although in a case
of theft or fraud it is sufficient to be able to show on a balance of
probabilities that the accused employee committed the alleged crime.

8. Consistency of treatment

Dissimilar treatment of employees under identical conditions weakens

leadership and creates morale problems. Similar offences must be
treated in a similar manner, according to the laid-down code and
procedure and with due regard for the circumstances of the case. It is
the job of the personnel department to monitor disciplinary action
taken by line managers in order to ensure consistency of action
throughout the organisation. Line managers and supervisors may f
require training or instruction in this regard.

9. Circumstances of the case

Given the need for consistency of treatment, it is unusual to find two
disciplinary cases that are identical in every respect. When the full
facts and circumstances of every case have been explored, disciplinary
action can then be considered. The degree of negligence or culpability
needs to be assessed for every employee alleged to have breached the
code.

10. Progressive discipline

 In accordance with the concept of positive, corrective discipline, oral warnings
are used for first, minor offences. Such warnings are normally sufficient to
correct undesired behaviour and prevent its repetition. If the offence is
repeated, or if the first offence is of a more serious nature, a more severe
penalty is called for. A very serious first offence, such as theft of valuable
company property, usually leads to discharge.

A progressive disciplinary procedure usually lays down a sequence of

disciplinary actions such as the following -

(1) Simple oral warning.

(2) Oral warning plus a record of that warning in the employee's personal
file.
(3) First written warning.
(4) Second written warning.
(5) Final written warning.
(6) Suspension from employment followed by application for permission
to discharge.

11. Right of representation

In the interests of justice and in order to demonstrate that disciplinary action

follows a non-vindictive, judicial approach, the individual against whom the
allegations have been made should be given the opportunity to defend himself
against those allegations or, if he so wishes, he should be given the right to be
represented at the disciplinary hearing by a trade union or workers' committee
representative. It is worth noting in this connection that Labour Officers
normally consult the workers' committee when management applies for
permission to discharge.

12. Right of appeal

If the accused employee feels that disciplinary action taken against him was
unduly severe or unwarranted, he should be allowed to appeal to a higher level
of authority in the organisation. Provision for such an appeal is normally
contained in the grievance procedure.

13. Disciplinary records

A record of every disciplinary action should be kept in the personal file of the
individual concerned. Such records should include details regarding the date,
time and places of the misdemeanour, plus the circumstances, names of
witnesses and the disciplinary action taken. Written records are essential to the
system of progressive penalties for repeated breaches of the code. An
application to the Ministry for authority to terminate an employee’s services
may fail owing to lack of documentary evidence of previous disciplinary
cases.

14. Follow-up
 In accordance with the positive, constructive approach to discipline, it is
necessary to find out whether the conduct of the individual concerned has
improved as a result of the disciplinary action that was taken. The personnel
department should check progress with line management and monitor the
individual's work performance and personal conduct in the workplace.

6.3 GRIEVANCE PROCEDURE

6.3.1 The nature of complaints and grievances

In general terms, a grievance may be defined as any dissatisfaction or

feeling of injustice experienced by an employee in regard to his or her
work or employment situation.

In a legal sense, the term "grievance" refers to a dissatisfaction arising

from an actual or alleged violation of any of the provisions of a contract of
employment. When the term "grievance" is used in this specific sense, the
term "complaint" is used to denote any expressed dissatisfaction over matters
other than those covered in the employment contract. However, many
authorities employ the term "grievance" in the broad sense, embracing all
forms of employee dissatisfaction, regardless of the cause.

6.3.2 Unexpressed dissatisfaction

All dissatisfactions may not be communicated directly. Symptoms of

unexpressed dissatisfactions may take the form of a decline in productivity
(either the quantity or the quality of work, or both), overly aggressive
behaviour, indifference, lateness or absenteeism. Such behaviour patterns
may, but need not necessarily, indicate employee dissatisfaction. They could,
for example, be symptoms of ill health. The competent supervisor will be
alert for such symptoms and skilled in their interpretation.

Employees may hesitate to express their complaints directly for a number of

reasons, e.g. -

i) They may lack confidence in their own ability to express themselves

clearly.

ii) They may feel that lodging a complaint will have no effect.

iii) They may fear some form of victimisation or retaliation in response to

lodging a complaint.
iv) They may hope that the problem will go away without representing it.
6.3.3 Hidden causes

The expressed complaint may not be the real reason for employee
dissatisfaction. The employee feels diffident about expressing the real problem
and substitutes one which he or she feels is more acceptable, su.ch as pay,
 company policy or work rules. An employee who feels jealous over the
promotion of one of his colleagues is unlikely to express that jealousy directly
and complains instead about his pay because such a complaint is more
acceptable.

6.3.4 Sources of complaints and grievances

Complaints and grievances may be classified according to their source. Firstly,

there are complaints which are related to the contract of employment.
Secondly, there are those related to on-the-job problems, and thirdly are those
related to off-the-job or persona1 problems.

i) Contract- related grievances generally concern violations or alleged

violations of the employment contract and stem from lack of
understanding, differences in interpretation, ambiguity or omissions
regarding certain work rules.

ii) Job-related causes of dissatisfaction usually fit into one of three areas -

o Job conditions, - e.g. the condition of tools or equipment, the

supply or quality of materials, physical comfort or -safety.

o Behaviour of other employees - the validity of such complaints

needs to be carefully examined.

o The relationship of the employee to the job - anxiety and

frustration can develop if the individual’s goals are blocked or
if he or she has conflicting goals. The solution lies in
prevention rather than cure, e.g. proper selection, and
placement of individuals, induction or orientation procedures,
adequate training and sound communications within the
organisation.

iii) Off-the-job causes. Personal problems, if sufficiently serious, can lead

to frustration which may be expressed directly as dissatisfaction with
some aspect of the job, or indirectly in the form of personal
carelessness, indifference or reduced productivity,

6.3.6Principles underlying the grievance procedure

(i) Every employee should have the right to submit a grievance without fear of
victimisation or discrimination by management.

(ii) The grievance procedure should be developed by management in consultation

with the employee representatives.
 (iii) The immediate supervisor or manager of the aggrieved employee must accept
initial responsibility for hearing and dealing with the grievance. Management
must give him full support so that the grievance may be settled as close to its
source possible.

(iv)The personnel department is responsible for -

 providing information, advice or guidance to management, employees

and workers' committee representatives in establishing and
implementing the company grievance procedure;

 ensuring that the grievance procedure is understood and accepted by all

concerned.
 ensuring that grievances are not blocked at any level.

(v) The aggrieved worker may be represented, if he so wishes, by a member of the

workers' committee who can advise him regarding the validity of the alleged
grievance and assist in its presentation.

6.3.7 Settling grievances at supervisory level

There are advantages of resolving the grievance at the level of the first-line supervisor
and are as follows -

(i) Early settlement, which is always advisable because grievance procedures are
expensive in terms of management time and the effects on morale, labour
relations and productivity.

(ii) Informality. A grievance can often be handled more readily if it is not put into
writing initially. In a favourable working environment, the informality of
personal discussion reaches the problem more quickly and easily than a
written document.

iii) Trust and confidence between workers and their supervisors are reinforced.
The example of satisfactory settlement encourages other employees to
approach the supervisor regarding their problems and the work climate and
labour relations are improved.

The supervisor's personality and inter-personal skills are significant factors in

reducing the number of grievances and in handling those that are presented.
The following is a list of things the supervisor can do to help deal adequately
with employee grievances.

Guidelines for supervisors in handling of grievances

(i) Develop personal interviewing and counselling skills.

(ii) Be available to subordinates to discuss their problems and help them as far as
possible.

(iii) Accept full responsibility for dealing with any complaint or grievance in the initial
stages.

(iv) When an employee comes forward with a grievance or problem, arrange an interview
in private and make sure there are no interruptions.

(v) Establish a friendly, supportive atmosphere and encourage the subordinate to speak
freely and tell you everything.

(vi) Listen carefully. The ability simply to listen without comment is of major importance.

(vii) Establish the full facts; do not pre-judge the issue.

(viii) Bear in mind the possibility that the stated grievance may not, in fact, be the
real cause of the problem.

(ix) Let the employee finish and then re-state the problem in your own words to
see if he or she concurs.

(x) Try to be as objective as possible. Avoid discussion of personalities and

emotional issues.

(xi) If necessary, interview other employees, check records and carry out whatever
additional enquiries may be appropriate.

(xii) Be prepared, if necessary, to take the matter to your immediate superior. Such
action may be necessary if you do not have sufficient authority to do what is
necessary in order to solve the problem.

(xiii) Review the facts and formulate alternative solutions.

(xiv) Come to some agreement with the aggrieved employee regarding the action to be
taken to resolve the matter. The employee's participation in reaching a
solution is important to the success of the exercise.

(xv) Take the necessary steps to solve the problem in terms of the solution you
have agreed with the aggrieved party.

(xvi) Arrange for a follow-up in the near future to see if the problem has been
resolved.

(xviii) Accept; the employee’s right of appeal, i.e. the right to take the grievance to a
higher level of authority without fear of adverse reaction.

(xviii) Take a genuine interest in the employee’s problem and do all you can to bring
the matter to a satisfactory conclusion. Remember that a subordinate’s
 problem is also your problem. If you can help him solve it, you will earn his
respect and support, without which your job is very difficult.

6.3.8 The formal grievance procedure

Although details may vary from one organisation to the other, procedures for the
formal handling of grievances have been reasonably standardised. The basic concept
is that if a dispute cannot be handled at the level of the first-line supervisor, it will
move through successively higher levels of authority until an agreement is reached.
There are usually between three and five steps or levels of authority in the grievance
process, from first-line supervisor to arbitration. The actual number of steps depends
on the size of the organisation and its structure. An example at a typical grievance
procedure is as follows –

Example of a formal grievance procedure

Stage 1: Supervisor or foreman

Any employee who wishes to raise an issue in which he or she is directly concerned
must first raise it with his or her immediate supervisor on an informal basis. If the
supervisor or foreman does not settle the issue to the satisfaction of the aggrieved
employee, the latter may seek the assistance of a workers' committee representative in
raising the matter again with the immediate supervisor.

The supervisor or foreman will do all he or she can to resolve the issue, consulting
other members of management if necessary.

Stage 2: Departmental Manager

If the grievance has not been resolved satisfactorily by the supervisor or foreman at
Stage 1 within three day’s it must be recorded on a Grievance Form and submitted to
the Personnel Officer, who will arrange a meeting within 48 hours with the Head of
Department. This meeting will be attended by the aggrieved employee, the supervisor
or foreman, the workers’ committee representative (if the latter’s presence is
requested by the aggrieved employee) and the Personnel Officer,

Stage 3: Divisional Manager

If the grievance has not been resolved satisfactorily at Stage 2 within two weeks of
the meeting with the Departmental Manager, the latter will arrange a meeting with the
Divisional Manager and this meeting will be attended by the aggrieved employee, the
latter’s representative (if required by the aggrieved employee), the Personnel Officer
and the Departmental Manager.

If the Divisional Manager cannot obtain consensus on a solution to the problem, he

will within three days refer the matter to the Chief Executive for arbitration.

Stage 4: Arbitration
 At this stage a decision in the matter is taken by the Chief Executive, who will not
have been involved in any of the proceeding stages. The decision of the Chief
Executive is final and binding on all parties.

The advantages of a formal grievance procedure are -

(i) Employees feel the benefit of the opportunity provided by the procedure to
express their problems,, The grievance procedure provider a "safety valve"
and may help reduce any inclination towards collective job action.

(ii) The procedure contributes to the establishment of a feeling of fair play and
justice within the organisation thereby promoting harmonious
worker/management relations.

(iii) The procedure creates an avenue for communications from the bottom of the
organisation to the top; management is informed of unresolved problems at
shop-floor level and supervisors are encouraged to avoid making unwise
arbitrary decisions.

6.3.9 Alternatives to the formal grievance procedure

A formal, grievance procedure is useful and has several benefits as indicated in the
previous section. However, not all organisations use a formal grievance procedure.
The following alternatives are sometimes employed -

(i) Personnel Counselling

A counsellor in the personnel department is available to assist employees with

all kinds of problems, including complaints and grievances.

(ii) The Open Door Policy

This a fairly common concept which enables employees at all levels in the
organisation to approach directly an appropriate senior manager who will hear
and investigate their complaints. The fact of the senior manager’s availability
for this purpose is made known throughout the organisation.

(iii) The Inspector-General Method

A high-level executive has responsibility for carrying out periodic visits at all
plants or workplaces to make direct contact with employees at all levels and to
hear and investigate their complaints.

(iv) The Ombudsman

This is also a senior official who is politically neutral and who has the
authority to hear employees’ complaints and carry out investigations.
 (v) The Workers’ Committee - In Zimbabwe, the workers' committee has the
statutory authority to represent employees in any matter affecting their rights
and interests, subject to the provisions of the Labour Act. An employee's
complaint or grievance can be taken up by his committee representative and if
necessary tabled for discussion at Works Council.

CHAPTER 7: COMPARATIVE EMPLOYMENT RELATIONS

Isolationism: means that we tend to ignore or reject the experiences of other countries.

Ritualism: is where we tend to copy the practices of other countries without regard for the
experiences in our own country and the suitability of important foreign practices.

7.5.1 Research Activities

The Personnel Practitioner’s role in this area is to analyse current trends and
patterns in various areas of human resources and recommend appropriate measures to
be taken. Such research would usually caver the following areas -

(a) Manpower Planning

This activity encompasses -

 manpower audits where the Personnel Practitioner establishes the

quantity and quality of manpower within the organisation;

 analysing the quality of manpower in terms of skills mix, age,

education, marital status, length of service and the implications these
will have in terms of general discipline, pension benefits, medical aid
programmes, promotional prospects, redundancy programmes,
mechanisation, relocation of manpower to other regions for Industrial
Relations practices;
  identifying areas of skills shortages or surpluses and recommending
appropriate short- and long-term remedial action;

 establishing succession plans and arranging for necessary career

development path training;

 relating problem departments to the quality of manpower in that

department; for example, the Personnel Practitioner might find that
there is a correlation between a highly educated young labour force of
white-collar workers and the pattern of discipline, especially if the
respective manager of the department is authoritarian.

b) Labour Market Trends

The Personnel Practitioner participates in the following -

 wage and salary surveys, either for the same industry nation-wide or
for the region, to establish current movements in remuneration and
relate these to the organisation;

 establish whether the organisation is competitive or lagging behind in

its remuneration practices;

 identify current and future sources of manpower skills for given critical
occupations and recommend remedial action, such as influencing
certain courses to be started at the local polytechnic or university,
offering scholarships for certain courses, introducing banding
agreements or offering special incentive schemes to attract appropriate
skills.

c) Labour Statistics

Though this is in a way related to manpower planning it deserves mention of

its own, especially if one is dealing with a large organisation which has
operating companies throughout the country. Sub-region labour statistics are
generally a good indicator of employee dissatisfaction. The Personnel
Practitioner compiles and analyses the following -

- rates in employee turnover

- the causes of turnover

- the turnover figures in relation to length of service, age, occupational

mix, salary range, departments and so forth

- promotions, demotions and transfer patterns

 All these are analysed, their significance indicated in terms of Industrial
Relations climate and implications and appropriate action recommended.

d) Opinion Surveys

The opinion of employees has a lot to do with the Industrial Relations climate
in an organisation. It is very easy for management to sit contentedly in the
belief that privileges and working conditions are acceptable to the employees
when, on the other hand, employees would rather have something else.

Opinion surveys therefore give the Personnel Practitioner an opportunity for

finding out what the employees think about the organisation. Such surveys
would normally require employees to indicate their needs and rank them in
order of priorities, e.g. job needs in the areas of achievement, supervisory
practices responsibility, work itself, etc and fringe benefits such as transport,
study loans, free food at work, long service awards, assistance in buying
houses, etc.

The Personnel Practitioner analyses these responses and establishes long and
short-term strategic plans for improving working conditions, increasing
productivity, increasing employee morale and providing a wider variety of
fringe benefit's within the given financial resources.

7.5.2 Collective Bargaining

Before any collective bargaining session starts it is common practice for both sides to
do their homework and determine their weaknesses and strengths on various issues
and the final positions they are prepared to settle for. The work of the Personnel
Practitioner in this area normally covers -

 liaising with other employer representatives in the case of industry-wide

bargaining, or with other managers for company or plant bargaining;

 studying the current agreement fully and defining all the issues of rights and
interests?

 seeking legal advice if need be on the issues/changes that employers would

like to introduce in the new agreement;

 relating the current agreement to other pieces of legislation that might have
been promulgated;

 studying agreements between other employers and their respective union

bodies and identifying any areas of comparability likely to be brought up by
employee representatives;
  identifying likely areas where employee representatives might ask for
information and arranging for the information in a precise and reasonable
manner to be understood by the other side;

 drafting proposals and listing the reasons for such proposals;

 sitting at the collective bargaining table and advising employer representatives

on issues of the labour market, the general state of economy, situations
prevailing in other industries and so forth.

Mention must also be made of the Workers' Committee-Management relationship.

The Personnel Practitioner acts as a catalyst or facilitator to ensure that the
deliberations are perceived by both sides as beneficial. In some organisations the
Personnel Practitioner is used as chairman and is asked to publish on the notice
boards the changes that are the result of Works Council meetings.

7.5.3 Public Relations

From an Industrial Relations standpoint, the Personnel Practitioner is involved in

public relations with union officials and Government personnel. Such activities
normally include -

 business lunches, to get to know each other and establish socio-emotional

relationships which are useful at the bargaining table;

 informal meetings to sound out the thinking of the other side on changes that
the organisation might be thinking of making;

 participating in local and international professional bodies, not only to keep in

touch with new techniques and knowledge, but to influence the trend of
change in one's professional area;

 participating in the local community’s activities,

7.5.4 Company Policy on Employment Relations

This is perhaps the most important role of the Personnel Practitioner as far as
Employment Relations are concerned. The responsibility for establishing an
Employment Relations policy is obviously not just left to the Personnel Practitioner.
On the contrary, it must be a result of a Board decision after full consultation with all
the respective line managers. The importance of having a written Employment
Relations policy is not debatable. It ties up with all the other issues in an organisation
and follows the logic that if employees know what the policies are then they are less
likely to challenge management decision that are made within the policy parameters.
 The CIR Report No, 34 on The Role of Management In Industrial Relations (HMSO
1973) describes the relevance of an Employment Relations Policy as follows -

"A company's industrial relations policy should form an integral part of the
total strategy with which it pursues its business objectives. In this way it
will not only define the company's course of action with regard to particular
industrial relations issuer; it will also reflect the interaction of industrial
relations with policies in other areas, such as production, marketing or
finance"

In formulating an Employment Relations policy the Personnel Practitioner should

ensure that –

o the organisation’s Employment Relations objectives are clearly stated;

o the principles which should guide management on a day-to-day basis are

clearly stated and communicated and understood;

o the responsibilities and authority of the various parts of management are

specified;

o the policy covers all aspects of collective bargaining such as:-

 trade union recognition

 negotiating machinery

 Grievance procedures and arrangement for consultation - broad range

of employment policies, all of which impinge on industrial relations

THE END