Page 276 - DMGT519_Conflict Management and Negotiation Skills

Conflict Management and Negotiation Skills

Notes Regarding substantive fairness, it should be noted that the facts must be sufficient to proof that
the employee is indeed guilty of the alleged offence. The burden of proof required is that of a
balance of probabilities. It is not required that the employee's guilt must be proven beyond all
reasonable doubts.
Employers are advised to set out in its disciplinary codes the different offences and the sanctions
for such offences. If necessary obtain legal advice.
A large company in the UK is buying an important set of Data Base software to use as the
underlying engine for all of its IT applications.
Once this software is purchased and installed, replacing it would be near impossible because of
technical and financial reasons. While most IT manufacturers claim that their software is portable
and easy to change, reality dictates otherwise.
The price also runs into millions of pounds with a huge yearly maintenance fees that is never
ending and in fact increase every year...
The technical department satisfied itself while working with the supplier in “partnership” that
the product is the best in the market and have recommended its purchase to the management.
Any half-decent buyer knows very well, that under these circumstances getting a half good deal
is an uphill struggle.
The technical department is now asking the buying organisation to begin the negotiation with
the said supplier to achieve the best possible deal for the company.

Let us see in such circumstances, how the negotiating strategy and tactics approach would deal
with this negotiation.

Self Assessment

Fill in the blanks:
1. An ................................... must inform the employee of allegations in a manner the employee
can understand
2. The employee should be allowed reasonable time to prepare a response to the ..................
3. The ..............................must be given an opportunity to state his/her case during the
proceedings.

4. An employee has the right to be assisted by a shop steward or other employee during the
....................................
5. The process of arriving at an ...............................when there is multiple potential and
conflicting choices.
6. ................................ can also serve as strategic means to ends other than relationship-building.
7. It is important that negotiators remember the intangible factors while negotiating and
remain aware of their .................................. effects.

13.4 Incapacity – Poor Work Performance – Additional Notes
on Procedural Fairness

If the employee is a probationer, ensure that sufficient instruction and counseling is given.
If there is still no improvement then the probationer may be dismissed without a formal hearing.
If the employee is not a probationer, ensure that appropriate instruction, guidance, training and
counselling is given. This will include written warnings.

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