1. Session 7 Managing Employee Labour Relations for Effective Performance 20th June '11 Session 7 1

2. Presentation Plan Employee relations management Labour unions and labour legislation Collective bargaining process Discipline resolution and grievances handling Group work tasks 20th June '11 Session 7 2

3. Employee Relations Management 20th June '11 Session 7 3

4. ERM is a reciprocal relationship between management and employees. Good ERM leads to the achievement of: Mutual closeness in focus Harmony in interaction Mutual understanding Early response to emerging issues Empathy with circumstances Sympathy for emerging issues. 20th June '11 Session 7 4

5. 20th June '11 Session 7 5 Good employee relations will yield: Employee morale Employee loyalty Employee turn around Achievement of the desired balance between the employer and the employees.

6. Frequent employee surveys will reveal: Areas of crucial importance to the employees. Need for early response to achieve employee trust. Outcomes that have a huge impact on productivity. 20th June '11 Session 7 6

7. Management may engage meaningfully with employees through union representation. Union representatives duly elected and positioned will articulate issues that impact employees in an important way to assist in the management of: 20th June '11 Session 7 7

8. Effective communication Conflict management Employee growth Training Pay and compensation Performance management Time management Attitude change 20th June '11 Session 7 8

9. Since good employee relationships positively impact organizational performance, strategic HRM will focus on how to influence profitable relationships between management and the union in the organization. 20th June '11 Session 7 9

10. Good relations with union leadership will help management forestall areas conflict and establish high performance work practices through positive change agenda. Union leadership can provide the communication infrastructure to facilitate introduction of high performance work practices. 20th June '11 Session 7 10

11. Union leadership can also help create the necessary employee trust and cooperation. Trust and cooperation are the basis for the feeling of job security and successful implementation of high performance programs. 20th June '11 Session 7 11

12. Session 7 Labour unions and labour legislation 20th June '11 Session 7 12

13. The labour Relations Act 2007 Addresses the following key issues: Freedom of association Establishment and registration of trader unions and employer’s organizations 20th June '11 Session 7 13

14. Officials and members of trade unions and employer’ organizations Property, funds and accounts of trade union, employers’ organization and federations Trade union dues, agency fees and employers’ organizations fees 20th June '11 Session 7 14

15. Recognition of trader unions and collective agreements Dispute resolution Adjudication of disputes Strikes and lockouts 20th June '11 Session 7 15

16. Session 7 Collective bargaining process 20th June '11 Session 7 16

17. The collective agreement process in Kenya : Management will receive the negotiation proposal from the branch secretary as articulated in the Recognition Agreement. Management will issue a counter proposal setting the negotiation dates. 20th June '11 Session 7 17

18. To prepare for negotiations management will set mandate parameters and nominate a team of negotiators which will consist of an official spokes person. The spokes person and the negotiation team will prepare a negotiating strategy in a negotiations work book. 20th June '11 Session 7 18

19. Key issues Union proposal Management mandate Counter proposal to union Appointment of the negotiation team Spokes person will focus on diplomacy: Preparing – external and internal environment Arguing – know your data and facts well Signaling – move on Proposing – next item Packaging – cluster and trade off Bargaining – economy and trends Closing – obtain a yes Agreeing – sign off 20th June '11 Session 7 19

20. Negotiations will be undertaken on neutral ground or in a mutually agreed premises. Incase of an impasse the break can be achieved through mediation and arbitration. Last-resort options – go to Industrial Court 20th June '11 Session 7 20

21. Register settlement indicating life duration of the agreement. HR should ensure meticulous implementation of the agreement. Where in doubt seek interpretation from competent authority – FKE. 20th June '11 Session 7 21

22. Session 7 Discipline resolution and grievances handling 20th June '11 Session 7 22

23. Discipline is about respect of provisions and due diligence. The basis of good employee relations is the meticulous development and implementation of clear guidelines – (Employee Relations Policy). The labour relations policy should articulate terms and definitions used in the CBA document. The language style and spirit should be parliamentary throughout. 20th June '11 Session 7 23

25. To enable managers and supervisors take prompt and appropriate action within the legal and Collective Bargaining (CBA) provisions.

26. To provide assurance that every decision taken is correct within the agreed upon provisions. 20th June '11 Session 7 24

29. To encourage a return to acceptable standards of behaviour expected - rather than to take punitive action.20th June '11 Session 7 26

31. It is the responsibility of the employee to adhere to set rules, guidelines and norms. 20th June '11 Session 7 27

33. The role of the HR Department is to facilitate correct application of procedure in every circumstance of all cases; to ensure that as far as possible the penalties if any are applied consistently and fairly across the company; and to provide information on an employee's previous record.20th June '11 Session 7 28

35. To give the employee an opportunity to explain his/her behaviour

36. To ensure an employee facing disciplinary action does not lose his/her rights as a person.

37. To follow the procedure as stipulated in Recognition Agreement. 20th June '11 Session 7 29

38. Grievance Handling Procedure Individual Grievance Resolution Process: An employee with a grievance will first report to the immediate supervisor. If the matter is not addressed within two working days at this level the employee can report the matter to the supervisor’s immediate superior. If the matter reported to the senior management is not addressed within another two working days the employee will take the matter through union representation (if a union member) or by own representation to the HR Manager. 20th June '11 Session 7 30

39. If the HR Manager is unable to deal with the situation conclusively the matter shall be reported to the CEO who will appoint a Review Committee to investigate the matter and make appropriate recommendations. The decision of the CEO will be final. However, if the employee is not satisfied with the CEO’s decision, she/he is free to take up the matter with the labour department as provided by law. 20th June '11 Session 7 31

40. Investigation Process Thorough investigations will be carried out to find facts If there is evidence that there was an offence, the manager will send an employee a show cause letter with a copy sent to HR 20th June '11 Session 7 32

42. Notes of the hearing will be taken and maintained.

43. The employee may be accompanied and represented by a work colleague or Shop Steward at any formal disciplinary interview and at a Disciplinary Hearing.20th June '11 Session 7 33

44. The hearing A manager will convene the meeting A member of management will present the case against the employee The employee or his/her representative is invited to ask questions. The employee is called upon to present his/her explanation 20th June '11 Session 7 34

45. The member of management presenting the case is invited to ask the employee questions The member of management is invited to summarize The employee is invited to summarize An adjournment of the hearing may happen and informed to the employee if there is need to investigate further 20th June '11 Session 7 35

46. Termination of Employment This will apply if during the period of a Final Written Warning or a Comprehensive Final Warning it is evident that there is insufficient improvement in conduct, or further related or unrelated misconduct, the employee is to be terminated. Except in cases of gross misconduct the appropriate notice period or payment in lieu of notice will be given. 20th June '11 Session 7 36

47. Group Grievance Resolution Process A group grievance affects more than one employee and is reported to the departmental head by the group representatives. This would be the work council or the union representatives. A group grievance will be submitted in writing. 20th June '11 Session 7 37

49. The Appeal Procedure Employees involved in formal discipline at any stage have the right to appeal a decision made against them. Appeals must be submitted to the HRM or Employee Relations Officer within 5 working days of the decision being made against the employee. Appeals may be made if the employee can prove that: 20th June '11 Session 7 39

50. Adequate investigations were not carried out The procedure followed during investigation and at the hearing was unfair The decision reached was not justified by the facts of the case A request for leniency 20th June '11 Session 7 40

51. An appeal is NOT a re run of the Disciplinary Hearing; NOT simply a repeat of the same evidence or a second chance for the employee. An appeal-hearing can: Overturn the decision of the disciplinary hearing; Can uphold the decision; Can reduce or increase the severity of the action taken; Can call for a re hearing if correct procedures have not been followed. 20th June '11 Session 7 41

52. A case of lust, greed and misuse of power in labour relations. A factory worker had a pretty wife. To gain access to her the supervisor placed the worker on nigh shift. He would then visit the worker’s wife at night while the husband was at work. The worker got wind of the situation and reported the matter to the Labour Relations Manager. The Labour Relations Manager did nothing about the case claiming there was no evidence and the reports were rumours of extreme witch-hunt. One night the worker left duty to check on his house only to find the supervisor there. The supervisor tried to run away but was the worker who was armed with a sharp panga cut him into pieces and reported the matter to the police. Questions: Eagles: Discuss whether or not this unfortunate incident could have been prevented by management? Synergy3: Investigate to identify the guilty parties – the worker, the wife, the supervisor or the Labour Relations Manager and determine the disciplinary action. Team- Six: Labour relations are now polarized. Discuss how management would effectively restore good labour relations and employee trust in management. 20th June '11 Session 7 42

53. Reading Assignment Ch.16 of the Course Text 20th June '11 Session 7 43

54. End of Session 7 Thank you 20th June '11 Session 7 44