Managing Conflict in the workplace

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Learning’s from Marikana for SA's
Labour Relations System
25 July 2013
Bill Thomson
Some Stats
World Competitiveness Report: SA - 144 out of 144
countries in terms of Labour relations.
SA has the highest Strike statistics in the world, the
most working days lost and the most violence.
SA has the highest number of labour disputes referred
in the world.
The CCMA is the busiest dispute resolution
organisation in the world.
Losing Focus
Workers miss out as trade unions chase money, politics.
Financial Mail: 24 August 2012
Cry the Beloved Country
South Africa's sad decline.
The Economist: 20 October 2012
Labour Turmoil
What's wrong with SA's industrial relations.
Financial Mail: 22 February 2013
The socio-political context for SA's
labour relations
Inequality: SA the most unequal country in the world
(rich & poor). Wage gap between workers and
executives
Poverty: The need to fairly distribute resources (decent
work, housing, health, education)
High Unemployment
Extremely high levels of conflict / strike violence
The South African Labour Market
Predicament
A dynamic but unsettled society: always simmering,
sometimes boiling over – unmet social & economic
needs, unmet expectations.
A very high unemployment economy.
Highly conflictual labour relations: adversarial bargaining,
high rates disputation, very high strike rates.
Not very productive workplaces.
Clive Thompson: CCMA Indaba – 08 December 2011
Some learnings from Marikana
If there is non-delivery on socio-economic issues,
they can manifest themselves as labour disputes.
The labour law was not set up to deal with this.
CCMA Director: Nerine Kahn
Some learnings from Marikana
Wages or politics? (Financial Mail 1987)
Wages or socio- economic issues? (2012 -)
Some learnings from Marikana
Unions in disarray
Unions divided
Unions weak
Poor management
Adversarial collective bargaining
Collective Bargaining (majoritarianism / sufficiently
representative)
Some learnings from Marikana
It is important to analyse conflict because you will
then be able to constructively engage with it and
where relevant solve it.
Conflict is an inherent part of being human.
What were some of the conflict
aggravators?
Past unresolved conflict
Mistrust
Poor communication
Perceptions
Politics (and political opportunists)
Poor policing
What moderated the conflict?
Mediation
Participation of external and other leaders
What are the learnings from Marikana?
The regulation of collective bargaining (representivity)
Excluding unions doesn't reduce inter-union rivalry, it
aggravates it
The need for leadership: management & union
The need for collaborative problem solving
What are the learnings from Marikana?
The need to:
Develop and maintain trust.
Promote participative decision making.
Develop a shared stakeholder focus on organisational
performance.
Barney Jordaan: SASLAW Seminar – January 2013
What are the learnings from Marikana?
That good relationships are not enough: participation
must have tangible benefits
Managers and union/worker reps need to be up-skilled in
problem solving and early conflict management
techniques
Barney Jordaan: SASLAW Seminar – January 2013
What are the learnings from Marikana?
Effective systems for problem solving and conflict
management need to be developed
Model workplaces of high collaboration need to be
developed
Value based decision making needs to be promoted
Opportunities need to be created to get parties together to
find common ground to achieve the goals of the LRA
Barney Jordaan: SASLAW Seminar – January 2013
Some learnings from Marikana
That Government assisted by business, has a key role
to play in bringing stability to industrial relations by
improving poor social conditions.
Some learnings from Marikana
New forms of worker association emerged including
worker committees.
That relying on legislation, rules, collective
agreements and policies doesn't always work.
So where does that leave SA's labour
relations now?
The need:
For leadership: Government, management &
union/labour.
For collaborative problem solving & participative
decision making.
To develop a shared management/labour focus on
productivity.
For trust!
So where does that leave SA's labour
relations now?
Third party intervention/facilitation of wage and other
negotiations can be effective, especially now.
So where does that leave SA's labour
relations now?
Create opportunities to get parties together to find
common ground to achieve the goals of the LRA.
Develop effective systems for problem solving and
conflict management.
Set up effective credible workplace communication
forums, equip parties with the necessary knowledge
and skills to participate meaningfully in such forums.
Three Relationship Building Interventions
Pharmaceutical Company / Union
Gold Mine / Union
Provincial Legislature / Union
(Sept/Oct 2012)
(Nov 2012)
(June/July 2013)
Conclusion
Building High Performance Workplaces
“Great & productive workplaces are those with
strong working relationships founded on high
levels of trust, respect and information sharing,
geared towards the achievement of organisational
goals and employee rewards.”
Clive Thompson: CCMA Indaba – 08 December 2011
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