Serving the American Liquid Waste Industry Since 2002
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H
uman Resources
| THE MEDIATOR |
This is the fourth installment of a series regarding
the important and complex job of the Human
Resources department personnel. Originally the
series was meant to have only three installments;
however, further insight suggests there is one more
issue to explore that cannot be overlooked: the role
of HR as a mediator, or representative between
employer and employee. Assisting with the series is
Heidi Kierson, of Johnny on the Spot, Inc.
the important and complex job of the Human
Resources department personnel. Originally the
series was meant to have only three installments;
however, further insight suggests there is one more
issue to explore that cannot be overlooked: the role
of HR as a mediator, or representative between
employer and employee. Assisting with the series is
Heidi Kierson, of Johnny on the Spot, Inc.
| Heidi Kierson, Johnny on the Spot, Inc |
A band called Reel Big Fish once recorded a song called “Somebody Hates Me.” At one point, the lyrics exclaim,
“No matter what, no matter who, no matter what I do, somebody hates me!” This is an interesting way to express
the fact that no matter how well a machine is oiled and maintained, there are going to be problems from time to
time. A company can have generous, fair employers and hard-working, honest employees, and yet there will still
be the occasional dispute, misunderstanding or disagreement that needs to be dealt with. Oftentimes, it is the HR
department who steps in, or is brought in, to represent, mediate and work out resolutions between management
and staff.
Disputes can vary in subject matter. There will sometimes be conflicts between employees that arise. If
management feels the problem is negatively affecting the working environment, HR may be brought in. Sometimes
problems of miscommunication or misunderstanding come up between a manager and an employee. If the
employee feels he or she has been treated unfairly, or the manager feels the employee has broken company policy,
HR may be utilized. Perhaps an employee or a supervisor is unsure as to what company policy states about a topic
of concern; HR is always available to answer those questions honestly and fairly.
“An employee might come with feelings of being treated unfairly from a Supervisor or fellow employee,” shared
Kierson. “He or she might feel that the Supervisor is treating employees differently. He may have questions about
company policies; questions about paychecks, deductions, and benefits. HR may get involved with any situation
where a misstep or wrong wording could get a manager or the company in trouble legally. If there are complaints
of discrimination, favoritism, etc. Also, I want to make sure that the company is consistent with whatever the
situation.”
The HR department has responsibilities to both the employer and the employee; some similar and some different.
Ultimately the HR personnel must consider the rights, well-being and protection of the company first and
foremost. HR personnel and managers must think of themselves as tactical cohorts, contributing to the growth
and success of the company. They seek to hire good employees to benefit the company. They organize and
enforce company policies to protect against accusations of wrongdoing or unfair practices. They train and
motivate employees so that there are fewer turnovers, which can be costly and time-consuming. HR must be
considered a partner with management, not a road block or obstacle. Working side by side, they can steer the
company in positive directions, while maintaining a fair and honest relationship with employees.
“As an employee of the company, I think of the needs of the company first,” Kierson advised. “The goal is to not
make any recommendations to the employee that could adversely affect the company. At Johnny on the Spot,
Inc., the owner encourages HR to interpret company policy and to defend the employee's position whenever
possible. I feel that when management has confidence in the HR person's judgment, loyalty and knowledge, there
will be an excellent working relationship between management and HR. Management sees the HR desk (and me)
as a safe haven for "off the record” questions to be answered.”
Another relationship must also be nurtured, and that is the one between HR and the employee. An employee of the
company should see his or her HR representative as an advocate and a mediator when the need arises. HR
personnel must be acquainted with the role as advocate and be familiar with the proper practices for dealing with
employee questions, grievances and conflicts. Communications between the two parties should be based on
motivation, support, understanding and team problem-solving. It is vital that the employee feel his or her HR
representative is there to assist in any way and to give ear to any concerns that surface.
“Many times an employee will come to me—rather than a supervisor or the owner,” Kierson explained. “Either I
can help the employee to understand the employer's standpoint with a particular problem or concern, or I can go
to the Supervisor and try to help with the problem. With Johnny on the Spot, Inc., I feel the owner gives HR
encouragement to interpret company policy and defend the employee's position whenever possible. I feel that HR
is more an employee representative than mediator.”
No employer or employee truly desires conflict. When there is conflict in the workplace, performance, attitude
and motivation will inevitably suffer. It is therefore important that HR personnel are prepared to act as mediators
when discords arise. Mediation is a method of resolving disputes involving a neutral, third-party person. This
mediator is responsible for facilitating calm and concise communication between conflicting parties. The goal is to
promote reconciliation, understanding of differing opinions, and settlement of the consequences of this conflict.
This form of problem-solving has a very high rate of success. Both parties will often walk away from mediation
feeling settled and satisfied that their concerns have, at the very least, been heard and dealt with. In most cases,
this method is superior to having employees and managers fill out piles of grievance paperwork to be filed away.
When presented with a dispute, either by managers or employees, HR must first determine what the conflict is
regarding and then must research company written policy and precedence to determine if there is an easy answer.
This is where clear employee handbooks can be of great use.
“Having a clear, current and complete handbook available for consistency and fairness is good advice,” shared
Kierson. “I use our handbook often. I will actually copy and print sections that are pertinent to a situation, so it
can be given to the employee and he or she can see why a certain decision has been made. The handbook is also
used when advising Management. An employee handbook is also important to HR to add policies to new situations
that arise. I always want to ‘honor the written policy’.”
If need be, a meeting can be set with an HR manager or representative and the conflicting parties present. It must
be made clear that HR is not there to take sides in the dispute, but to facilitate helpful communication with
resolution as the ultimate goal. Each person should have the opportunity to voice their concerns without
interruption from the other parties. The HR mediator must step in if any verbal sparring should take place. Ask
each person to describe what they think should happen to resolve the matter. If an agreement can be made, or the
misunderstanding is made clear, there is often no need for a report to be filed against the employee or staff. HR
can keep a confidential record of the mediation and the outcome, which has hopefully been successful.
Bottom line, HR personnel work for their company, but must be an advocate for the employees. The role is a fine
line to walk, and requires skilled individuals who are willing to wear many hats and master a plethora of problem-
solving techniques. At the end of the day, they must be loyal and honest to both the managers and the staff; a
steady and consistent support to all who walk in their office door.
“Always remember to protect the company's best interest while attempting the help the employee as best as
possible,” advised Kierson to her fellow HR representatives throughout the portable toilet industry. “As an HR
person, I am always looking to protect the interests of the employees I try to make recommendations to the
employees that can make things easier for them and their families. Sympathetic explanations to employees and/or
recommended changes to management are also key roles of Human Resources.”
Also in this series
HR Part 1
HR Part 2
HR Part 3
“No matter what, no matter who, no matter what I do, somebody hates me!” This is an interesting way to express
the fact that no matter how well a machine is oiled and maintained, there are going to be problems from time to
time. A company can have generous, fair employers and hard-working, honest employees, and yet there will still
be the occasional dispute, misunderstanding or disagreement that needs to be dealt with. Oftentimes, it is the HR
department who steps in, or is brought in, to represent, mediate and work out resolutions between management
and staff.
Disputes can vary in subject matter. There will sometimes be conflicts between employees that arise. If
management feels the problem is negatively affecting the working environment, HR may be brought in. Sometimes
problems of miscommunication or misunderstanding come up between a manager and an employee. If the
employee feels he or she has been treated unfairly, or the manager feels the employee has broken company policy,
HR may be utilized. Perhaps an employee or a supervisor is unsure as to what company policy states about a topic
of concern; HR is always available to answer those questions honestly and fairly.
“An employee might come with feelings of being treated unfairly from a Supervisor or fellow employee,” shared
Kierson. “He or she might feel that the Supervisor is treating employees differently. He may have questions about
company policies; questions about paychecks, deductions, and benefits. HR may get involved with any situation
where a misstep or wrong wording could get a manager or the company in trouble legally. If there are complaints
of discrimination, favoritism, etc. Also, I want to make sure that the company is consistent with whatever the
situation.”
The HR department has responsibilities to both the employer and the employee; some similar and some different.
Ultimately the HR personnel must consider the rights, well-being and protection of the company first and
foremost. HR personnel and managers must think of themselves as tactical cohorts, contributing to the growth
and success of the company. They seek to hire good employees to benefit the company. They organize and
enforce company policies to protect against accusations of wrongdoing or unfair practices. They train and
motivate employees so that there are fewer turnovers, which can be costly and time-consuming. HR must be
considered a partner with management, not a road block or obstacle. Working side by side, they can steer the
company in positive directions, while maintaining a fair and honest relationship with employees.
“As an employee of the company, I think of the needs of the company first,” Kierson advised. “The goal is to not
make any recommendations to the employee that could adversely affect the company. At Johnny on the Spot,
Inc., the owner encourages HR to interpret company policy and to defend the employee's position whenever
possible. I feel that when management has confidence in the HR person's judgment, loyalty and knowledge, there
will be an excellent working relationship between management and HR. Management sees the HR desk (and me)
as a safe haven for "off the record” questions to be answered.”
Another relationship must also be nurtured, and that is the one between HR and the employee. An employee of the
company should see his or her HR representative as an advocate and a mediator when the need arises. HR
personnel must be acquainted with the role as advocate and be familiar with the proper practices for dealing with
employee questions, grievances and conflicts. Communications between the two parties should be based on
motivation, support, understanding and team problem-solving. It is vital that the employee feel his or her HR
representative is there to assist in any way and to give ear to any concerns that surface.
“Many times an employee will come to me—rather than a supervisor or the owner,” Kierson explained. “Either I
can help the employee to understand the employer's standpoint with a particular problem or concern, or I can go
to the Supervisor and try to help with the problem. With Johnny on the Spot, Inc., I feel the owner gives HR
encouragement to interpret company policy and defend the employee's position whenever possible. I feel that HR
is more an employee representative than mediator.”
No employer or employee truly desires conflict. When there is conflict in the workplace, performance, attitude
and motivation will inevitably suffer. It is therefore important that HR personnel are prepared to act as mediators
when discords arise. Mediation is a method of resolving disputes involving a neutral, third-party person. This
mediator is responsible for facilitating calm and concise communication between conflicting parties. The goal is to
promote reconciliation, understanding of differing opinions, and settlement of the consequences of this conflict.
This form of problem-solving has a very high rate of success. Both parties will often walk away from mediation
feeling settled and satisfied that their concerns have, at the very least, been heard and dealt with. In most cases,
this method is superior to having employees and managers fill out piles of grievance paperwork to be filed away.
When presented with a dispute, either by managers or employees, HR must first determine what the conflict is
regarding and then must research company written policy and precedence to determine if there is an easy answer.
This is where clear employee handbooks can be of great use.
“Having a clear, current and complete handbook available for consistency and fairness is good advice,” shared
Kierson. “I use our handbook often. I will actually copy and print sections that are pertinent to a situation, so it
can be given to the employee and he or she can see why a certain decision has been made. The handbook is also
used when advising Management. An employee handbook is also important to HR to add policies to new situations
that arise. I always want to ‘honor the written policy’.”
If need be, a meeting can be set with an HR manager or representative and the conflicting parties present. It must
be made clear that HR is not there to take sides in the dispute, but to facilitate helpful communication with
resolution as the ultimate goal. Each person should have the opportunity to voice their concerns without
interruption from the other parties. The HR mediator must step in if any verbal sparring should take place. Ask
each person to describe what they think should happen to resolve the matter. If an agreement can be made, or the
misunderstanding is made clear, there is often no need for a report to be filed against the employee or staff. HR
can keep a confidential record of the mediation and the outcome, which has hopefully been successful.
Bottom line, HR personnel work for their company, but must be an advocate for the employees. The role is a fine
line to walk, and requires skilled individuals who are willing to wear many hats and master a plethora of problem-
solving techniques. At the end of the day, they must be loyal and honest to both the managers and the staff; a
steady and consistent support to all who walk in their office door.
“Always remember to protect the company's best interest while attempting the help the employee as best as
possible,” advised Kierson to her fellow HR representatives throughout the portable toilet industry. “As an HR
person, I am always looking to protect the interests of the employees I try to make recommendations to the
employees that can make things easier for them and their families. Sympathetic explanations to employees and/or
recommended changes to management are also key roles of Human Resources.”
Also in this series
HR Part 1
HR Part 2
HR Part 3
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