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    Dispute Resolution Examples

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    What type of dispute resolution process would be appropriate for the following types of disputes, and why?
    - An employee is terminated for theft. The employee steadfastly denies taking the merchandise, and the employer has one witness who says that she saw the theft happen.
    - An employee is denied "marriage leave" under the collective agreement because she requests it six months after the wedding in order to go on a honeymoon. There is no dispute on the facts, but the wording of the collective agreement could be interpreted in two different ways.
    - An employee files a personal harassment grievance against her supervisor, alleging that there have been ten years of ongoing harassing comments and actions taken against her. The hearing would be long and involve a significant amount of evidence being called, including the evidence of every subordinate of this supervisor, which would put a great deal of pressure on the entire workforce.

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    Solution Preview

    - An employee is terminated for theft. The employee steadfastly denies taking the merchandise, and the employer has one witness who says that she saw the theft happen.

    For this type of personnel situation, it would be recommended that the involved parties submit to arbitration. One of the main characteristics of the arbitration alternate dispute resolution procedure, is that the resolution is binding and most be adopted by the parties. In other words, the resolution is enforceable.

    The burden of the proof in this case falls on the employer side. The organization needs to be able to show to the arbitrator that the employee did in fact steal the merchandise from the employer. This may be accomplished through the available witness, however the employee's representative may put the witness in question if there is a past history between the two employees or if the witness has a history of disciplinary issues as well. If that is the case, then the employer should be able to show that the terminated employee had a past disciplinary history that shows ...

    Solution Summary

    This solution discusses examples of alternate dispute resolutions.

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