Navigating Workplace Disputes: A Four-Step Approach

In any medical practice, ensuring a harmonious work environment is crucial for both staff well-being and patient care. When disputes arise, it is essential for employers to address complaints appropriately and effectively. Here are four steps to resolving workplace disputes:

Step one: Determine the type of investigation required

The first step involves assessing the nature of the investigation needed. Employers must decide whether a complaint requires a formal investigation or if it can be resolved through informal discussions among the parties involved. Managers should consider the following questions:

What guidelines do our policies and procedures offer for addressing such situations?

Is there flexibility in our approach, and do we need a comprehensive understanding of the facts or merely a focus on restoring collaboration and harmony among the parties involved?

Even if the immediate issue is resolved, is there a broader systemic concern regarding workplace dynamics that warrants further investigation?

It is crucial for managers to emphasise that victimisation or retaliation during or after the investigation process is unacceptable. All individuals involved must be assured of the opportunity to express their perspectives without fear of reprisal.

Step two: Follow through on internal procedures

Adhering to established internal procedures is essential. Employers must ensure compliance with existing grievance policies and procedures, assessing the adequacy of current policies regarding bullying and grievances, and ensuring a thorough understanding of their implementation.

Engaging internal or external legal counsel to manage document creation and address issues related to legal professional privilege can enhance the effectiveness of the investigation process and mitigate legal risks associated with the final outcomes.

Step three: Identify the core of the complaint

It is crucial to pinpoint the core of the complaint or grievance. This involves identifying the underlying issues that have led to the complaint, which may encompass emotional, practical, or career-related concerns from the employee’s perspective. Employers must determine the specific aspects that require investigation and understand how any resolution will be communicated or implemented.

During the investigation process, the complainant may anticipate full disclosure of all outcomes, including access to notes, documentation, and reports. However, employers should exercise caution to avoid making commitments regarding the provision of such information, as this could set unrealistic expectations.

Step four: Focus on the long-term goal – resolution

Outlining the investigation helps discern its nature, whether formal, informal, substantial, or low-level. If a comprehensive investigation is necessary, the primary objective is to safeguard the safety and welfare of all employees. Employers should approach this endeavour with a commitment to fulfilling these responsibilities and, if feasible, resolving the complaint. The focus should be on reconciling the parties involved and fostering collaboration to restore a productive working environment.

Beware of Potential Legal Pitfalls

Employers should be cautious of potential legal pitfalls from the outset:

Avoid covering too many aspects in a single investigation: Conducting one extensive investigation into all conceivable areas related to the original complaint may not be suitable. Each investigation requires careful scoping, and it may be more effective to address the core complaint separately from broader issues.

Stay updated on current legislation: Employers must be prepared in case their business comes under scrutiny. This involves having a well-defined bullying policy in place, along with a procedure for addressing complaints promptly. Providing comprehensive training to all staff to support this policy is crucial. In today’s business landscape, dealing with complaints is part of the operational framework. Employers should have a clear and communicated plan for responding to complaints, regardless of their validity.

By following these steps diligently, medical practices can minimise the risk of unfair dismissal claims and uphold fairness and transparency in their employment practices.

The content of this article is intended for general informational purposes only and should not be considered as legal advice. AusDoc does not guarantee the accuracy, reliability, or completeness of the information provided. Before making any decisions or taking action based on this article, it is advisable to conduct your own research and seek independent advice, including legal counsel, to determine its suitability for your specific circumstances.

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