BRENDAN MAGILL
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DISPUTE RESOLUTION

Sometimes situations arise where an employer and an employee find themselves in dispute with one another.  In the case of an employee who is disabled, this can often be seen as being attributable to their disability.  This may be the true source of the problem, but it is more often the case that there are other reasons and that disability is just being used to “label” the dispute.

Getting to the root of such situations can be complex and sometimes difficult for all concerned.  However, by finding a resolution which is acceptable to all parties, it is often possible to reach an accommodation which will allow effective working to continue.  Everyone can gain from resolution of these problems:  for the employer there is at least the dual benefit of having an employee working more effectively and not having to spend further time and effort trying to resolve the dispute;  for the employee there is the benefit of being able to feel more confident at work and more a part of the overall organization, together with the removal of the work related stress which is inevitable in dispute situations.  There is even potential gain for the Government, in that failure to resolve some disputes can result in the employer no longer being employed and having to be supported entirely by state benefits.

Based on much of the other assessment, training and support work which I have done in the field of employment and disability, I have developed a package of mediation and dispute resolution services.  The objective of these services is always to seek to identify the resolution which will give best value to both employer and employee.  Generally, this will mean that the employee is enabled to work more effectively, thus removing much of the cause of many disputes.  By seeking to develop awareness and understanding on the part of both employer and employee, it is often possible to establish the basis for an effective mediation procedure which will seek to bring the two parties closer together.

It is, however, important to acknowledge that not all disputes can be resolved so that the current employment can continue.  In such circumstances, when it becomes clear that the current employment cannot continue, every effort will be made to encourage a smooth withdrawal of the employee, with a view to seeking alternative employment with another employer, or elsewhere within the same organization.

This work draws heavily on many of the other services which I offer.  Job design, niche carving, awareness training and training in working methods are all key tools in working to resolve disputes between employers and their employees.  Every situation will be unique, so the precise mix of tools and processes to be used will vary from case to case.  However, the target is always to seek to continue the present employment or for each side to be able to withdraw with dignity.

For further information on how you or your organization might make use of my dispute resolution services, please contact me to discuss your specific situation. 

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