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On 1st January 2012 the Harmonisation of OHS laws come into effect across Australia (except WA and Vic) to create standards for health and safety for employees which are uniform and aim to increase safety and therefore productivity. This will be known as the Model Work Health and Safety Bill. Safety includes greater protection from psychological and physical injury due to workplace conflict, bullying and harassment, for all workers - including employees, work experience students, contractors/sub-contractors and their employees, apprentices and trainees. Importantly, there will no longer be any excuses for not detecting hazards, harm likely to result, and the onus of proof will be removed. There will be no grace period for harmonisation, so we strongly suggest all employers find out about their obligations and responsibilities under the new Harmonisation of the OHS Laws, review and amend their systems, and ensure processes are in place now.
InterMEDIATE Dispute Management Pty Ltd workplace dispute resolution practitioners are available to assist employers and employees in workplace conflict and workplace disputes Australia wide, and beyond. For your privacy and convenience mediation is available during and after hours 7 days a week.
InterMEDIATE Dispute Management Mediators, facilitators, conciliators and arbitrators are independent of the employer organisation, which is vital to the confidence of the parties, the integrity of the process, and therefore the success of the dispute resolution. Workplace mediation and dispute resolution are useful for assisting employers and employees to resolve disputes, conflict and disrespecful behaviour, (most) bullying, harassment and toxic cultures.
Workplace dispute resolution makes sense. To manage and resolve issues at an early stage not only helps prevent problems where disgruntled employees take time off work or resign, or when disputes escalate and workers become increasingly frustrated and unproductive, workplace dispute resolution helps keep employees and employers working effectively together. Workplace dispute resolution saves many thousands of dollars in lost production as well as recruiting and training new employees. Therefore Workplace Dispute Resolution is vital for not only for productivity, but ultimately profitability.
Some progressive organisations have trained managers to provide workplace mediation in-house. Although this may seem to be an efficient way to resolve internal conflicts, an HR Manager or other manager cannot be seen to be independant by disputants, especially when one is senior to another, or to be able to provide confidentiality through an impartial process. When the mediator works for the organisation, many contentious issues are likely to be avoided by those in dispute. As managers have many other work related tasks to perform besides mediation, their mediator skills are unlikely to be current or proficient.
Realistically, only independent workplace mediators provide effective dispute resolution that instills confidence in the parties that the mediation process is confidential, impartial, and unbiased, which can therefore be effective immediately, and in the long-term.
InterMEDIATE Dispute Management's independent, impartial and unbiased mediators assist parties to communicate respectfully and effectively to resolve their issues. Confidentiality and privacy helps enable parties to speak openly about their issues in workplace mediation.
The workplace mediation process encourages parties in dispute to isolate and explore each issue in a safe environment. Skilled workplace mediators are able to facilitate respectful and fair discussion, clarify and all issues to be explored and guide the parties to understanding, option generating and agreement. Parties are encouraged to agree about what the employer is told about their agreement, ensuring their emploer understands that the dispute has been effectively resolved.
Early intervention in any dispute is important. Workplace dispute resolution is best utilised to restore productive, harmonious relationships, before emotions have escalated to a level that has become hazardous to health and the company or organisation.
The cost of workplace conflict and workplace disputes is enormous in loss of productivity, staff resignations, injury to workers, payouts, and stressful, time consuming, horrendously expensive litigation.
Workplace conflict and workplace disputes include unresolved disagreements, ongoing disputes, arguments, harassment, bullying, discrimination, violence, fatigue and any situation which may harm any member of staff, contractors, management, suppliers, customers, visitors to the workplace etc.
It is a legal obligation of employers to detect workplace conflict and workplace disputes to protect workers. Employers must have policies and practices in place for dispute management.
InterMEDIATE Dispute Management workplace mediators provide services to consult, assess and report on compliance with these laws. Effective management of conflict and disputes, ensures higher productivity and staff retention rates, often reducing the number of "sickies", prevents litigation, negative publicity, violence and even death.
Penalties under the legislation are significant. The maximum penalty for employers under the NSW OHS Act 2002 is $550,000 or $825,000 for previous offenders. Section 26 of the Act also provides that company directors and managers can be held personally liable for the OH&S breaches of their corporation, subject to a maximum penalty of $82,500 and/or two years imprisonment. In view of these obligations it is vital that partners, managers and employees understand their OHS obligations and how to meet those obligations in a practical, cost effective manner.
COST EFFECTIVENESS
The process of workplace mediation promotes understanding and respect between co-workers. A reduction in workplace conflict and workplace disputes means fewer "sickies," higher productivity and creativity, higher retention of valuable trained staff, therefore improving not only workplace morale but effectiveness and as a direct result - company profits.
CONFLICT CONSULTATION
It sometimes happens that the source and causes of workplace conflict are difficult to isolate and detect. Problems are known and symptoms more or less obvious, but morale is low, complaints and staff turnovers high. Productivity is suffering. InterMEDIATE Dispute Management conflict consultants are skilled in working together with management and employees to establish the origins of the conflicts, make suggestions to management about solutions and if required, work directly with those involve to help them resolve the conflict effectively.
Employee Assistance Program (EAP)
An Employee Assistance Program (EAP) helps to ensure the mental health of employees and their families and in turn the harmony and productivity of your organisation. EAP provides private and confidential counselling for personal matters, drug and alcohol counselling for those with substance abuse problems, anger management, grief counselling, trauma and critical incident counselling. Employees are encouraged to contact InterMEDIATE Dispute Management directly for EAP services, during or after hours, 7 days a week. EAP also provides management advice, coaching and training. For further information visit our EAP webpage.
Regulatory Compliance. We are the Dispute Resolution service provider of choice, for many organisations who are required to register a Nominated Dispute Resolution Provider.
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