Best practice approach to effective dispute resolution

A few of the most common issues that can result in workplace disputes include: 

• different personalities and/or personality clashes
• unresolved problems from the past
• competition between employees
• poor communication and leadership
• unclear responsibilities and roles
• bullying, harassment and other unlawful and inappropriate behaviour
• inconsistent treatment of staff by managers, practice owners or fellow staff members.

Best practice employers will have simple, fair, confidential and transparent dispute resolution procedures in place. Employers who take disputes seriously and address issues quickly and effectively are unlikely to see this dispute escalate. 

Following a best practice approach to dispute resolution can come with great benefits, including:

• greater employee productivity through increased job satisfaction 
• improved employer retention 
• reduces stress for managers and employees
• better relationship with employees; and
• reducing the costs the come from resolving disputes externally (such as legal fees associated with dealing with claims made by employees against the employer). 

Approaches that can be used, including: 

• a negotiated outcome, where the two parties concerned resolve the issues themselves
• a mediated outcome, where an interdependent or non-bias third party mediator helps the individuals arrive at their own agreement, or
• an arbitrated or adjudicated outcome, where an independent arbitrator or court decides how the dispute should be resolves and makes a binding decision or order to that effect.

Common disputes arising in the private practice sector

With the new pay secrecy bans, you may notice your staff having discussions with one another about their pay rates and how these compare to one another. This is likely to cause feelings of angst and animosity between staff and can also lead to an influx in employees asking for a pay raise if they feel as though their pay rate does not compare to their colleagues. If not handled fairly or consistently, potential disputes may occur amongst staff and between their managers. 

To avoid conflict in these areas and to help keep your workplace mentally healthy and productive, could include:

• creating an open door policy with regards to employee queries or concerns. An open door policy can allow for staff to talk about their concerns in a safe place without the fear of judgement or prosecution
• dedicate a regular meeting to debrief and address the key concerns staff may have spoken out about in relation to workplace procedures or operations 
• continue with regular individual one on one catch ups with employees to address concerns as they arise

Clause 36 of the Health Professionals and Support Services (HPSS) Award 2020 and Clause 31 of the Nurses Award 2020 include clauses around dispute resolution in the workplace. 

Download the Fair Work Commission's Best Practice Guide to Dispute Resolution in the Workplace

	Workplace Relations Support  If you are currently dealing with a dispute in your workplace or an employee has expressed concerns to you about an issue, you can contact the workplace relations team for general advice on the matter and initial steps to take. You can contact us via phone (07) 3872 2222 and email support workplacerelations@amaq.com.au.
	Workplace Relations Toolkit  Workplace Relations Toolkit subscribers receive resources and documents on dealing with disputes in the workplace as part of their toolkit package.
	Workplace Relations Consultancy Workplace Relations Consultancy can provide comprehensive advice to members on disputes unfolding in your practice. WR Consultancy can offer members tailored support and documentation when going through the dispute resolution process.