Scene Four: A Stitch in Time?
Actors:
Tu, Dave.
Setting:
Naturally Baking Limited – Dave’s office.
[ Both are seated at the small table. ]
Dave
Well Tu, it’s been three months since you helped us with negotiating the collective agreement as our Human Resources Advisor. But now I have an employment problem with one of the individual agreements. It’s shaping up to be a personal grievance, but this time the complaint is against me!
Tu
One of the disadvantages of being in HR is that we are often in the firing line Dave. What’s up?
Dave
Not all the workers decided to join the collective agreement, which was a bit of a pain because I had to negotiate individually and it was quite time consuming. I know people have the right not to join a union but some of them really enjoy stringing things out as much as they can.
One guy, Sean, is a particular problem. He’s always complaining about something and, frankly, he gets my goat. I have to control myself around him because he really pushes my buttons.
Tu
I suppose he knows he is pushing your buttons too.
Dave
You got it. Anyway, one day last week Sean knocked on my door and said he would like a word with me about the amount of leave he is entitled to. He told me he had compared his employment agreement with Emma’s. Emma started at the same time as Sean and joined the collective agreement when it was negotiated. That got my blood boiling for a start, because he’s always swanning around the girls, chatting them up and keeping them from their work.
Tu
It’s not like you to get so hot under the collar about people, Dave. This guy has really got you going.
Dave
Yeah, he’s trouble – I can smell it.
Well, Sean noticed that Emma, under the collective agreement, gets three more days annual leave than he does under his individual agreement.
Tu
You can offer staff more than the legal requirement for annual leave. Also, it can be seen as undermining the collective agreement if you automatically pass on collectively bargained terms and conditions to employees outside the collective agreement.
I don’t see a problem so far, unless he is covered by the 30-day rule. New staff are entitled to the terms and conditions of the collective employment agreement for the first 30 days of employment. Is he new?
Dave
No, he has been here almost six months, and when he started we didn’t have a CEA. I told Sean that staff on individual agreements cost the business more time in negotiating individually, which costs the firm money, so they don’t get as many perks as those on the collective.
Tu
Probably not the best of arguments to use Dave. What did he say?
Dave
He said he didn’t think that’s fair, particularly as he is doing the same job as Emma and they started at the same time.
I told him that’s the way it is and that’s the way it’s going to stay. I also said he could always join the collective agreement.
Tu
Mmmm. Sean could say you are putting pressure on him to join a union… that’s not good.
Dave
I was quite surprised when I got a call this week from the Department of Labour’s mediation service about a dispute in our workplace. She wanted to come and talk to me about it. I made a time to see her next week and immediately rang you. Is Sean taking a personal grievance against me?
Tu
No, it sounds like a dispute, based on what you have told me, and assuming that Sean made the complaint.
A personal grievance is about the employment relationship, not the agreement.
A dispute is about how you’ve interpreted or applied the employment agreement. Sean’s complaint was about the annual leave in his agreement – that’s a dispute.
Dave
I remember reading about that. The grounds for a personal grievance are quite specific, such as unjustified dismissal, disadvantaging the employee’s employment, discrimination, sexual or racial harassment, and duress in relation to union membership.
So what do you advise?
Tu
You need to listen to what the person from the Department of Labour has to say, and be clear about the reasons for providing more annual leave in the collective agreement.
You also need to know the processes for resolving grievances or disputes. The ERA set up dispute resolution processes for all employment relationship problems.
Dave
Sounds clear enough. I understand we are encouraged to resolve our differences rather than spending lots of hours and dollars arguing over legal technicalities. When problems drag on, the relationship can be irreparably damaged.
Tu
Yes, and we don’t want that happening. If Sean has asked for Department of Labour mediation assistance, the mediator will do whatever they think best for Sean’s needs.
If you do need to go to mediation, can you give me a ring and I’ll let you know the mediation process?
Dave
Sure, thanks Tu.
