You are on page 1of 6

Question 1 Employment relation issues normally result from conflict between employers and employees, as well as their colleagues,

they could be perceived as the barriers to a good relationship between the worker and his employer. They will be discussed shortly. The first issue would be Retaliation. But according to the Labor Act of 2007, Chapter 2, 7 (b), harassment means any unwanted conduct of a sexual nature towards an employee, which constitutes a barrier to employment in equality. Ms Philander was impulsive when she was confronted and asked about her HIV, and reacted much stressed, instead of admitting what she said. At the same time she had become defensive. Martha even accused the managers of harassment. The employee probably wanted to keep her job which she was afraid of losing, maybe that is why she was acting that way. In the case study there is no evidence of someone making sexual advances at her, she was only called in and confronted about her HIV status, then she was told that she could not work there anymore as all other posts in the company involved touching food. But she would have to leave her job because she is a threat to the customers and the business at large because she is HIV positive. Chapter 5 of the Labor Act, 2 (f) also states that a person must not discriminate in any employment decision directly or indirectly, or adopt any requirement or engage in any practice which discriminates against any individual on the grounds of Aids or HIV. But we can say the manager is not wrong to dismiss her. He is just trying to protect the interests of his business, so he can retain his customers and make profit for his business. Second issue is the lack of communication between the worker and manager, or managers. The Labour Act, 3, h (ii) defines Sick Leave as a period during which an employee is unable to work due to incapacity. A Sick Leave cycle includes any period or combination of periods , not exceeding a total of 36 weeks, during which an employee is on annual leave, sick leave or any other absence from work on the instructions , or with the permission of the employer. She failed to tell her employer what was wrong with her on time. That shows that she also probably does not trust her own managers, its only when she really started to fall ill that she then stayed away from work, making the boss suspicious of her behavior and prompting him to ask a lot of questions. Thirdly there is conflict between the boss and Ms Philander. The Labour Act 40,(b) states that an employee has the duty to co-operate with the employer to enable the employer to perform any duties imposed in the Act, like ensuring the health and safety of any individual who may be affected by the employees activities at work. For instance if the customers were to hear rumours that an HIV positive employee prepares their food they would not feel safe buying the food as they might think that something is wrong with it, since some people in society like to stereotype and discriminate against positive people . She is not coming to work as she is expected to, and also does not want to comply with what she is being told about leaving her job because of her status. Instead, she tried to get the help of her union.

Another issue is privacy. The Labour Act of 2007, 40, (a) and (b) says that some of the obligations of the employers to persons other than the employee are : (a) Every employer must report to a labour inspector in the prescribed manner whenever there is an incident wherever the employees work or (b) A prescribed disease is contacted in such a place. So it is important for the manager to know of her case so that he can inform the labour inspector that deals with their business. The worker feels that her privacy was violated in front of the assistant manager and the general manager who manages all the other shops. Maybe she thinks that she will be embarrassed by the general manager if he decides to reveal her status to the other managers. Attendance is another issue, as Martha hardly comes to work and stays away for a few days. The manager is probably concerned with her productivity around the workplace. Martha s low levels of productivity could probably have a negative effect on the overall outcome of the organization, this could cause the company to lose a lot of money because someone else will have to be hired and paid to do her job on days when she is not available, especially if no other employee in the company is able to take on her job, while completing theirs at the same time. The last issue we can look at is employee involvement. This is the extent to which an employee is into their job, and they feel motivated and obliged to do their job, in order to reach the goals of the business(Greenberg, 2008). For instance if Marthas levels of job involvement are low, she will not be up to date with her work because she is constantly absent. Even if new procedure on how to use a certain machine around the company were introduced, she would have to re-trained on how to use it, because she is not up to date with what is happening around the company. It would then probably be a waste of time training her instead of using the time to complete other tasks in the business.

In conclusion, we looked at some of the issues that exist between employers and employees, these are retaliation, communication problems, conflicts, attendance, Employee involvement, and absenteeism.

Question 2 If I was the manager, I would talk to the employee, to ensure that she understand that the main aim of the company is to make profit, but we also care about her well being as an employee. We need to reach consensus on how she is going to deal with foods .she need to be more careful in dealing with food and ensure her blood is in no way in contact with food. I will make sure that Martha understand the rules and regulations of the company, which include the law of the employee to show up at work and Martha failed to comply with these policies, she however has no valid evidence to base her absenteeism on and this put the manager in a peculiar situation as the company has nothing to base her absenteeism on. As a manager, a written warning would be appropriate as she failed to properly communicate her health problem with the manager, as that could have given them reason to make provision for her absenteeism.

Question 3 The trade union, is also known as the labour unions in an organization of workers in a common trade who have been organized into improving the workers lives. A trade union generally negotiates with employers on behalf of its members advocatory for improvements such as better working conditions, compensation and job security. Trade unions play an important role in industrial relations, as well as in the relationship between employees and the employer( Singh & Kumar, 2010).

As manager I would write a letter to the Union clearly explaining my actions ,intentions and the importance of knowing what is keeping her away from work .I would also mention the discreet chat we had with their member and clearly state that we in no way violated her rights to confidentiality as it is part of the of the managersjob to inform the general managers on the reasons as to why she was being absent from work. This employee is clearly taking advantage of the Labour Law Act and using the situation to satisfy her own benefits as she refused to deny or acknowledge what she really told the two managers. Showing up with unclear medical certificate shows her lack of communication with her employers and worsen the situation as there really valid reason or evidence as to why she should be excused from work. The letter will also explain that we are trying to reach an agreement with the employee that would will benefit both the employee as well as the company.

Alternatives to the trade union After receiving the letter from the company the union should assess whether there is a potential human right issue involved . The union should also assess whether this matter can be resolved within the employment setting or whether its necessary to involve the labour court. The union and the member can make use of regular complaint process within the employment setting , starting with the lower level management , this might mean approaching all alleged harasser to try find a solution or having an inform chat with the member s supervisor . The trade union can assist with the process by: Outlining the employers procedures for resolving a complaint. Referring the member to the employee human right policy. Going to any inform meeting with the member. Advocating with the employer on the behalf of the member. Helping the member to clarify how the alleged discrimition has affected them. Assisting the member in identifying potential resolutions. Keeping an open dialog between member. Making sure the member is aware of meetings and decision that affect their interest.

QUESTION 4
Inputs are the contributions made by the employee for the organization and that this distress leads to efforts to restore equity within the relationship setting, the relevant dyadic relationship is that between employee and employer. In order for any organization or business to be successful, communication

between employees and management need to be encouraged. There should be both formal and informal groups in an organization in order for communication of information to be quicker( Gideon, 2009). This situation will clearly have a negative impact on management and employee relations as there will be discomfort between the two parties. Employees will not trust management with their confidential information, meaning that openness relationship between employee and management will be lost completely.

Prevent As manager I would bring in an employee specialist to give expertise advice in handling the matter, this way employees can see managements true concerns in creating a favourable working atmosphere for all. Employee specialist investigate and resolve formal and informal employee complains, analyze employee turnover improving performances and productivity through developing clear communication channel and enhancing employee satisfaction. Education plays an important role in employee relation, if people in the work place are well informed and educated about HIV/AID they will not discriminate or feel scared or ashamed to work or live with people with the virus. They should be epilated in a positive way and learn how to survive. Cultural principles must teach kids and tradition and practice safe sex and to abolish myths than can lead to wild spread of the Virus. Workshops are conducted, that educate people all over the world. They educate or in different ways and workers turned to be more relaxed and change if they know more about the virus (Nel, Dutoit, Werner,2008).

Restore The manager could have discussed the situation with Martha immediately as she has mentioned it, this could have avoided distrust between the parties. Manager was suppose to alert Martha of her having a discussion about her situation to the general manager, in order for them to know how she feels about a 3rd party knowing about her status. Manager was suppose to explain to Martha about how her situation was affecting the production level of the business and what it could do to the business if their clients where to find out. Consensus was going to have been a very good solution to this problem at hand.

Conclusion
The relationship between an employer and an employee is an important factor in the companys success. Therefore labor union could do little to restore the former paternalistic relationship between employer and employee( Dutioit & Strydom, 2010).

Reference List: (1) Du Toit, E. D., Strydom, E. (2010). Introduction to Business Management. New York: Owl Press.

(2) Greenberg, J., & Barron, R. A. (2008). Behaviour in Organisations. New Jersey: Pearson International Edition.

(3) Haasbroek, G. D., Poisat, P., Sono, T. & Schultz, H. B. (2008). Human Resources Management. Washington D. C: Hawk Publishing. (4) Niemann, G., & Nieuwenhuizen, C. ( 2009). Entrepreneurship. London: Sage Publications.

(5) Singh, P. N., & Kumar, N. (2010). Employee relations. New York: Pearson International Edition. (6) The Labour Act, No 11, 2007, Government Gazzete, 31 December 2007. Republic of Namibia.

Stigmation

You might also like