Background of Case: The organization in question here is a post office and the case is for a gentleman who has been in an accident and has become partly disabled. The case is to weigh the rights of the disabled employee versus the employers and providing the employee with justice and a chance to work in spite of the disability. The Conflict: The main issue of the case is that the employee has been checked and has been facing post traumatic stress disorder. Although the doctors of the employee insist that the employee is of good health and is able to work, the company has still moved the employee out.
There has been no clear reason why the company had done this but he just received a letter stating that he was off work and off pay due to causing injuries to others at work. The parties in this conflict are the individual and the employer. The Neutral in this case is a judge at a court. The neutral has been chosen as the parties decided to go in for a arbitration.
This was mainly due to the fact that both parties would not be able to come to a common solution for the same hence mediation would not be a possible option for the two. The Arbitration: The arbitration in court led to a law being passed by the judge, that if a person is disabled, it is up to the employer’s discretion if the person causes a treat to himself as well as other around him. In this case this was the exact step taken by the employer and hence the individual needed to leave the company.
This case clearly needed a third party as the intensity of the decision was so strong that neither of the parties would be able to reach up to a conclusion which could be negotiated and also no decision taken would satisfy either of the parties. The outcome that the judge had arrived at was not the ideal outcome especially in the case of the employee however it was the right decision to take in terms of the others who needed some kind of set rules to be set down in this regard.
The neutral i. e. the judge would be the final verdict in this case and the two parties would not have any other option but to follow the ruling. My Solution: Based on this situation, if I were to be the third party involved in the case, my first attempt would be to make the two parties move in for mediation rather than arbitration. This is simply because arbitration will only allow one party to win while the other party will be left without any satisfaction, and it will not be fair to the other party as well.
Hence here it will be possible to allow for a combined decision to be taken. This can include providing the employee with a few chances rather than directly letting the individual leave. Also it is possible to provide the employee with a job which requires them to be seated in one place and complete the work rather than moving around and causing an unnecessary threat to anyone around. This common concussion can be to ensure that the negotiation is ‘fair, effective and parties are satisfied’.