An organization is an environment where the end result is brought about by the interactions of the people in it. It is an organization that is made up of different types of people from different areas with different views of life. This means that disagreements at a work place are inevitable. Great ideas are convinced by the great minds that make up the organization. These ideas could be contradicting at times. The contradictions may result in conflicts within the work place thus altering the normal working environment. There are many troubles that may arise in workplaces including discrimination, mistreatment, sexual harassment and denial of rights among others. These problems sometimes arise when they are not planned for but sometimes they happen intentionally. The Human Resource (HR) department is responsible for solving these cases that arise in any workplace.
There has been employee-related regulations that has been put into place by the Department of labor to help the HR to deal with such situations at the work place. Such laws and regulations are promulgated by bodies like the U.S Equal Employment Opportunity Commission, the Americans with Disabilities Act of 1990 and the Department of Homeland Security among others. Every manager need to be aware about these laws and regulations so that they can ensure that the employees and employers too are protected from mistreatment of any kind. Even with this type of laws and regulations being put in place, there are circumstances that arise and conflicts cannot be avoided. It is however true to say that if people were more compassionate in the workplace maybe all the litigation could be avoided.
People have been very ambitious and cunning. They will do anything they can to get ahead. In this process they end up hurting people and causing conflicts among other workmates at the work place. People also tend to use less common sense at the work place. They will just act as long as they are guaranteed that they will move forward and be a step ahead of everybody else at the work place. This is the reason as to why most of the cases will end up in litigation. Cases that otherwise would have been easily avoided by being compassionate or using common sense end up in litigation. The phrase “Common sense and compassion in the workplace have been replaced by litigation” is very true. Workmate always end up in litigation dealing with cases that would have otherwise been avoided.
According to Gilbert (2010) litigation often ends up in negative feelings and emotions as a reaction to another’s behavior rather than solving the issues at hand. The best way to solve these problems is understanding their root. Many of these problems are caused by frustrations, confusion, misunderstandings and anger among others, (Gilbert, 2010). It would be best if the managers and employers would know how best to deal with these situations from their core. That will make it easier for the manager to solve the issues. The department of labor has made it even easier by introducing rules and regulations that will help the human resource managers’ deal with the situation in an easier manner. The Department of labor has more than 180 federal laws that regulate the work place activities.
David Bowman (2004) notes that there is corporate changes everywhere. He notes that how one deals with these situations will determine how the affected employee deals with the changes. Bowman (2004) gives an example of an employee who has been fired from his job. The way the manager breaks the news to him will determine how the employee faces the sack. Terminations can sometimes lead to filing of law suits and workplace violence (Bowman, 2004). If the terminations gives the impression that the company cares and they did not want to do that, the employee will have an easier time dealing with the situation. When an employee feels like they have been violated they always look for a legal way to deal with the situation. The HR department helps with the situation because it works as an advocate. It is therefore the duty of the HR department to ensure that all the employees are informed about their rights and also that know the rules and the regulations that have been forward by the department of labor to protect them and give them guidance on how to act.
The occupational Safety and Health (OSH) Act administered by Occupational Safety and Health Administration (OSHA) requires the employers to provide their employees with a working environment that is free from any hazards whatsoever. This means that employees can complain when they feel like their workplace is not safe enough. The Fair Labor Standards Act (FLSA) ensures that employees are not underpaid. They are responsible for setting a minimum wage that the employees are supposed to be paid. Problems like being denied pay or leave or wrongful dismissal are protected under the laws. This means that in order for a manager to avoid conflicts in the best way possible it is his duty to ensure that all the rules and regulations are followed. It is true to say that people nowadays know about their rights and they cannot stand being oppressed. Acting right will help reduce the conflicts in the work place.
In conclusion, people have become more aware of their rights, (Gilbert, 2010). They want to know what to expect from their employers and how to deal with situations that come up in the work place. This means that employers will have no option but follow the rules and regulations that have been put in place by the department of labor to ensure that most of the conflicts are easily solved within the workplace. These conflicts can however be avoided completely if the laws that have been set are followed. Use of common sense and being compassionate will help more in solving these matters. If everybody cared about everyone else then the number of conflicts would greatly reduce and all the cases will not land in the Human resource office for litigation.
Bowman D. (2004) “Avoiding Workplace Litigation” Box Office retrieved from www.ttgconsultants.com/articles/avoiding-litigation5.html
Gilbert L. (2010) “Reducing the Litigious Climate in Organizations” retrieved from www.preventivelawyer.org/main/default.asp?pid=essays/gilbert.htm
Mibba (n.d) “Common Sense or Litigation” Mibba Creative Writing retrieved from www.mibba.com/Articles/World/6872/Common-Sense-or-litigation/#