In this week’s employment law article and next month will be exploring Alternative Dispute Settlement (ADR) in employment law. In this introductory and general article we will look at the various formal means of settling employment disputes.
As a company you will have to ensure that you read the employment contract closely and ensure that it is both legally binding and clearly sets out what you expect from your employees. A clear outline of what you are expecting of your employees can help you to avoid misunderstandings down the line and to get them to agree with your plans and to take part in your decisions.
It is not just a case of putting something in writing; it is more than likely that you want to use a mixture of verbal agreements and written contracts during the course of your employment. In addition to this, you may want to have a number of forms to refer to on a daily basis so that you do not forget or ignore one. The best way of ensuring that your employment law system and rules to cover these issues is to have a well-prepared, consistent, and clear employment law system in place.
You can use ADR as a way of handling any work-related disputes that arise during your employment. There are many different methods of ADR, but two main types which are widely used are Negotiation and Arbitration.
The first type of method involves negotiations between you and the employee and you both go through a process where you will try to and reach an agreement on any concerns that have been raised. An arbitrator then makes a decision on whether the disagreement has been resolved and, if so, what the employer should be expected to do to remedy the situation. The second type of method involves the use of an Independent Arbitrator and involves a panel of three or more judges who will review your case.
There is plenty of detail covered in this article relating to employment law, however there is also some general information to help you understand what it is and why it is important. As always, if you require further information then it would be useful to speak with an experienced employment law specialist attorney. If you need further guidance on this topic, it is well worth considering speaking to an employment law firm who can be a valuable resource when you need it.