By Senyo M. ADJABENG
Come to think of it, some human resources functions such as employee relations have been mostly underestimated. Employee relations have become a cornerstone of organizational success in today’s business environment.
Companies that foster positive employee relations often see higher productivity, better morale, and lower turnover rates. However, there are times when employee agitations cross the line from legitimate grievances to absurd demands, creating crises that can disrupt operations and damage the company’s reputation. Handling such crises requires a delicate balance of empathy, firmness, and strategic communication.
Employee agitations are not uncommon in the workplace. They often stem from legitimate concerns such as unfair treatment, inadequate compensation, poor working conditions, or lack of career growth opportunities.
These grievances, when addressed promptly and effectively, can lead to a more harmonious and productive work environment. However, there are instances when employee demands escalate to levels that are unreasonable, unrealistic, or even absurd.
Absurd demands can range from the trivial to the outrageous. For example, employees might demand that the company provide free buffet gourmet meals daily to an organisation with a workforce of over 2,000 employees. Or insist on having a say in the hiring and firing of senior executives. In some cases, employees might stage protests or walkouts over issues that are clearly outside the employer’s control, such as global economic trends or political events.
A typical example right here in Ghana, is the industrial action (strike) by the Civil Local Government Staff Association, Ghana (CLOGSAG) based on their demand that the Head of the Birth’s and Death’s Registry should be removed from office by the new Government Administration. Their argument is that the targeted individual is politically tainted and is not fit for civil service office. Though their argument may be sound, many experts consider the handling of the issues escalating into a strike action as unlawful, uncalled for and in some cases as an act of bullying.
Procedures in the Labour Laws of Ghana
The Ghana Labour Act, 2003 (Act 651) provides a comprehensive framework for handling employee grievances and disputes in the workplace. The Act emphasizes the importance of fair treatment, due process, and the resolution of disputes through dialogue and mediation before resorting to more formal or legal avenues. The Labour Act encourages employers to establish internal mechanisms for resolving grievances at the workplace level.
This is often the first step in addressing employee complaints. An employee who has a grievance should formally report it to their immediate supervisor or manager. The grievance should be submitted in writing, detailing the nature of the complaint. The employer is required to investigate the grievance promptly and fairly.
This may involve gathering evidence, interviewing relevant parties, and reviewing company policies. After the investigation, the employer should communicate the findings and proposed resolution to the employee. If the employee is satisfied, the matter is considered resolved. If the grievance is not resolved internally, the employee may escalate the matter to the next level, as outlined in the Act.
If the internal grievance mechanism fails to resolve the issue, the employee or employer may refer involve a private facilitator or if financially constrained, may involve the office of the Chief Labour Officer (CLO), who acts as a facilitator to attempt the resolution of the dispute. Either party (employee or employer) can submit a written complaint to the CLO, detailing the nature of the dispute.
The CLO or a designated labour officer may facilitate and assist the parties to attempt amicable resolution. Facilitation is a voluntary process, and both parties must agree to participate. If facilitation is successful, the terms of the agreement are documented and signed by both parties. This agreement is legally binding if the parties so agree.
If facilitation by the independent private facilitator or the Chief Labour Officer fails, the dispute can be referred to the National Labour Commission (NLC), a statutory body established under the Labour Act to handle labour disputes. A party to the dispute (employee, employer, or trade union) may file a complaint in writing with the NLC. The NLC will schedule a hearing where both parties can present their cases.
In some cases, the NLC may refer the dispute to a mediator or arbitrator for resolution. Mediation or arbitration are more formal process and Mediation involves a neutral third person who assists the parties to use the tools of mediation to attempt resolution. In Arbitration, the arbitrator conducts hearings, reviews evidence, and listens to arguments from both sides. The arbitrator issues an award, which is final and binding on both parties. The award can be enforced through the courts if necessary. The NLC appoints mediators or arbitrators, with the consent of both parties.
Industrial Actions (Strikes)
The Labour Act regulates industrial actions, such as strikes and lockouts, to ensure they are conducted lawfully and as a last resort. Before embarking on a strike or lockout, the party initiating the action must give at least seven days’ written notice to the other party and the NLC. The NLC may intervene during the notice period to attempt to resolve the dispute through facilitation, summary hearing, mediation or arbitration. If the dispute remains unresolved after the cooling-off period, the industrial action may proceed, provided it complies with the provisions of the Act.
The Labour Act prohibits unfair labour practices, such as victimization, discrimination, or dismissal of employees for exercising their rights under the Act. Employees who believe they have been subjected to unfair practices can file a complaint with the NLC.
If a party is dissatisfied with the decision of the NLC or an arbitrator, they may appeal to the Court of Appeal in the case of compulsory arbitration, within 7 days of the publication of the Award and in the case of setting aside the Award before the High Court, not more than three months from the parties’ receipt of the ward.
By adhering to the procedures outlined in the Labour Act, employers and employees in Ghana can effectively address grievances and disputes, ensuring a fair and productive work environment. The first step in handling any employee relations crisis is to open lines of communication.
Employees need to feel that their concerns are being heard, even if their demands are unreasonable. Regular town hall meetings, one-on-one discussions, and anonymous feedback channels can help facilitate this.
While it’s important to listen to employee concerns, it’s equally important to set clear boundaries. In many cases, absurd demands are a symptom of deeper underlying issues. By focusing on common ground and addressing the root causes of employee dissatisfaction, companies can often defuse tensions and prevent the situation from escalating.
In some cases, it may be helpful to bring in a neutral third party to facilitate resolution or mediate the dispute. The Labour Act provides for this. A professional mediator can help facilitate constructive dialogue between employees and management, and can often help both sides reach a mutually acceptable resolution. If employee agitations escalate to the point where they are causing significant disruption, it may be necessary to take decisive action.
This could include implementing temporary measures, such as hiring replacement workers, or taking disciplinary action against employees who are engaging in disruptive behaviour. While this should be a last resort, it’s important for companies to demonstrate that they are willing to take action to protect the interests of the business and its stakeholders.
Every crisis is an opportunity to learn and improve. After the situation has been resolved, companies should conduct a thorough review of what happened and why. This can help identify areas for improvement in employee relations, and can also help prevent similar crises from occurring in the future.
Leadership plays a critical role in navigating employee relations crises. In times of crisis, employees look to their leaders for guidance, reassurance, and direction. Leaders who are able to remain calm, empathetic, and decisive can help steer the organization through even the most challenging situations. During a crisis, it’s important for leaders to be visible and accessible to employees.
This can help reassure employees that their concerns are being taken seriously, and can also help prevent rumours and misinformation from spreading. Regular updates, town hall meetings, and open-door policies can all help facilitate this. In times of crisis, it’s important for leaders to communicate with empathy. This means acknowledging the emotions and concerns of employees, even if their demands are unreasonable. By showing that they care about their employees’ well-being, leaders can help build trust and rapport, even in difficult situations.
Employee relations crises are an inevitable part of running a business. While most employee agitations stem from legitimate concerns, there are times when demands cross the line into absurdity. Handling these situations requires a delicate balance of empathy, firmness, and strategic communication. By opening lines of communication, focusing on common ground, and leveraging mediation, companies can navigate even the most challenging employee relations crises. Leadership plays a critical role in this process, and leaders who are able to remain calm, empathetic, and decisive can help steer their organizations through turbulent times.
Ultimately, the goal is to create a work environment where employees feel valued and respected, while also ensuring that the company’s interests are protected. By understanding the dynamics of employee relations and implementing effective strategies, companies can navigate the complexities of employee agitations, even when they veer into the absurd. The key is to remain focused on the long-term goals of the organization while addressing the immediate concerns of employees in a fair and balanced manner.
For Further Reading:
- BBC News. (2018). French Rail Strikes: What’s Behind the Dispute?. Retrieved from https://www.bbc.com
- CIPD (Chartered Institute of Personnel and Development). (2020). Employee Relations: An Introduction. Retrieved from https://www.cipd.co.uk
- Ghana Labour Act, 2003 (Act 651). Retrieved from https://www.ilo.org
- Ghana Ministry of Employment and Labour Relations. Labour Dispute Resolution Mechanisms. Retrieved from https://www.melr.gov.gh
- Harvard Business Review. (2019). How to Handle Employee Complaints. Retrieved from https://hbr.org
- International Labour Organization (ILO). Labour Dispute Resolution in Ghana. Retrieved from https://www.ilo.org
- National Labour Commission (NLC). Procedures for Handling Labour Disputes. Retrieved from https://www.nlcghana.org
- Society for Human Resource Management (SHRM). (2021). Managing Employee Relations in a Crisis. Retrieved from https://www.shrm.org
