As a small business owner in New Zealand, you’re likely familiar with the critical role employment advocates play in resolving workplace disputes. While I’m sure the vast majority of advocates work diligently to find fair solutions, we have learned of a number of instances where their approach seems bent on exacerbating conflicts. So we thought it was time to have a discussion on how to navigate horrible employment advocates – or even just difficult ones – effectively. At the end of the day, our goal is always to look for a positive outcome for your business.
Understanding Employment Advocacy
Before diving into strategies, let’s clarify the purpose of employment advocates. These professionals represent employees during employment disputes, providing advice, negotiation, and advocacy. While their role is essential, it’s critical to understand that not all advocates follow the same approach. In fact, often when it comes to employment disputes, there are as many approaches as there are people in the room. But some approaches are more helpful than others.
Common Challenges
a. Inflammatory Tactics
Some employment advocates adopt aggressive tactics, aiming to provoke emotional responses. They may escalate minor issues, making resolution difficult. As a business owner, encountering such behavior can be distressing and counterproductive. Not many of us like conflict, and that is what this tactic depends on.
b. Polarization
Advocates sometimes specialise in creating an “us vs. them” mentality, pitting employees against employers. This polarization can hinder constructive dialogue and prevent mutually beneficial solutions. It’s hard to not imagine this has more to do with extracting as much money as possible out of an employer than it is about resolving a dispute.
Strategies for Handling Difficult Advocates
a. Stay Calm and Professional
At FixHR, when we are faced with a challenging advocate, we maintain our professionalism and composure. If you are in this situation on your own, we recommend you do everything you can to access that calm place too. Avoid reacting emotionally or engaging in heated exchanges. Instead, focus on the facts and seek common ground. For most people this is more easily achieved and maintained when you are not alone, so get some support.
b. Choose Constructive Communication
We always opt for respectful and solution-oriented communication. We acknowledge the advocate’s concerns and express our commitment to resolving the issue. We often use phrases like, “I understand your perspective, and I’m eager to find a fair resolution.” There are many other strategies to de-escalate emotion and keep exchanges on-piste. Get help if you are struggling with this as at the end of the day, a calm and constructive exchange will provide a fairer outcome for everyone.
c. Document Everything
Keep detailed records of interactions with the advocate. Note dates, times, and key points discussed. This documentation will be valuable if the dispute escalates or requires mediation. You can always request to end a conversation and move it “online’, ie that you communicate primarily through email. There are some risks with this strategy, however it can help take the heat out of an exchange. It also means if things remain heated, you have a written record of the unprofessionalism and inflammatory contribution of a poor advocate.
d. Seek Mediation
If communication stalls, consider suggesting mediation. While at FixHR we usually prefer to avoid mediation if possible, a neutral third party can facilitate discussions and guide both parties toward a compromise. Mediation often leads to more satisfactory outcomes than prolonged conflict.
Case Study:
Background
Evelyn (not her real name) is a seasoned employment advocate known for her fiery approach. She operates independently, representing employees across various industries. Her reputation precedes her—some view her as a champion of workers’ rights, while others see her as a provocateur.
The Situation
Our protagonist, Mark, owns a small manufacturing company in Wellington. Mark prides himself on treating his employees fairly, but recently, he faced a challenge. One of his long-standing employees, Liam, filed a complaint alleging unpaid overtime. As luck would have it, Liam engaged Evelyn as his advocate.
The Accusations
Evelyn’s initial email to Mark was anything but diplomatic. She accused the company of exploiting Liam, claiming that Mark deliberately withheld overtime pay. The tone was accusatory, and Evelyn demanded immediate compensation.
Mark’s Response
Rather than reacting defensively, Mark took a deep breath. He knew that a heated exchange wouldn’t benefit anyone. He replied promptly, acknowledging Evelyn’s concerns. His email read:
Dear Ms. Grant,
Thank you for reaching out regarding Liam’s complaint. I take all allegations seriously, and I’m committed to resolving this matter. Let’s schedule a meeting to discuss the specifics. I believe open dialogue is essential.
Best regards,
Mark
The Meeting
During their face-to-face meeting, Evelyn’s demeanor surprised Mark. She was relentless, hammering home Liam’s grievances. Mark maintained his professionalism, presenting payroll records and explaining the company’s policies. Evelyn remained skeptical, questioning every detail.
Seeking Common Ground
Mark proposed mediation. Evelyn hesitated but eventually agreed. A neutral mediator facilitated the discussion. Mark emphasized that he valued his employees and wanted a fair resolution. Evelyn softened slightly, realizing that Mark wasn’t the villain she’d projected.
The Role of Professional HR Assistance
Recognizing the complexity of the situation and the risks inherent in going to mediation, Mark sought professional help. He engaged a good HR consultancy to review the exchanges to this point, the overtime policies and ensure compliance with employment laws. The consultant provided guidance on fair compensation practices, attended mediation with Mark, lead Mark’s defense and help the mediator find middle ground.
The Resolution
Through mediation, they reached an agreement. Mark adjusted the overtime calculation process, ensuring transparency. Liam received the backdated pay he deserved. Evelyn left the room with a grudging nod, acknowledging Mark’s commitment to fairness.
Disclaimer: This case study is fictional and for illustrative purposes only. Actual outcomes will almost certainly vary, based on individual circumstances. 🌟
You are not alone
Dealing with difficult employment advocates requires patience, professionalism, and a commitment to resolution. By understanding their tactics and employing your own effective strategies, you can protect your business while fostering positive relationships. Remember, you’re not alone—many small business owners face similar challenges. Stay informed, stay calm, and get help when you need it.
As a business in the HR industry, FixHR has encountered more than our fair share of employment advocates. And it has to be said, the majority of them are helpful and fair to deal with. This blog is for those who have the misfortune of coming across the unpleasant few who spoil it for many. If you have any questions or want to share your experiences, feel free to reach out.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Always consult with a qualified professional for specific legal matters.
