How to Handle Workplace Conflict and Incompatibility

Did you know that …

Various studies show that as much as 60% of HR time is spent on managing and resolving workplace conflict. In a small business HR may not exist, and you, the business owner will need to manage the conflict. Do you have the time to manage the process in a fair and objective manner?

What is workplace conflict?

It is a disagreement between two or more people which can be caused by a variety of factors such as – personality clashes, disagreements over values, differences in beliefs and ideas, power struggles, lack of communication and differences in priorities.
Typically, these matters are managed through the business grievance policy and processes.
It is advisable to exhaust the internal grievance processes before doing so externally. This is particularly important if the matter is referred to the CCMA. Ensure the relevant paper trail is available to support your case.

Unresolved conflict can lead to a lack of cooperation, snide remarks, bullying, poor quality work and delays, which may escalate into a physical assault.

However, conflict can also be positive and lead to new ideas, better processes, improved decision making & increased creativity.

Communication is key in seeking a resolution. Avoid the “wrong/ right approach”. Encourage each party to consider the other persona’s perspective. (Stepping into the other person’s shoes so to speak)

*** Workplace conflict is not the same a misconduct which is when an employee intentionally or negligently breaks workplace rules and standards.

What are your options as a SME should you choose not to manage the process personally?

You could consider using the services of a mediator. This person is a third party who is experienced in the field of mediation and can offer objective guidance to the parties concerned that leads to resolution.
Your staff will likely be open to a mediator as this person is a neutral party and stands to gain nothing from seeking a resolution to the workplace conflict.

I recently attended a very informative webinar titled “Isolation to Incompatibility” presented by Cowan-Harper Madikizela. The discussion began with the impact of the hard lockdown in March 2020 on people and companies and how this highlighted the need for flexibility and remote working at the time. However, as the years have passed, some people have expressed digital fatigue and burnout from the ongoing use of technology for virtual meetings and work. Others have excelled in this environment and have expressed continuing to work on a remote basis. This has created a dilemma for many employers who see remote work as a temporary solution to the lockdown situation and now it’s time to get back to the office and business as usual.

The conversation moved onto how crucial clear, effective communication is in the workplace and how managers need to know their staff well enough to pick up on issues or misunderstandings early, so they can sort out potential conflicts before things escalate out of control.

What is Incompatibility and does this fit into workplace conflict?

Incompatibility refers to irreconcilable differences and it differs from workplace conflict and how these matters should be managed.
Incompatibility usually implies attitudinal responses that result in upsets that disrupt business operations. For example, bossy, manipulative, lack of tact, impatience and generally disagreeable behaviour.

In terms of South African Labour Law, the Labour Relations Act does not define this. Incompatibility may fall within “misconduct” or “incapacity” which refers to the employee’s ability to work in accordance with the requirements of their contract. Where an employee cannot maintain an appropriate standard of relationship with their colleagues, superiors or your clients, such inability may constitute a substantively fair reason for dismissal. However please consider the details below before assuming this is the option to follow.

Incapacity involves a counselling process – not disciplinary action as it may be regarded as a ‘no fault’ situation based on the inability of the employee to act as required by the relevant workplace standards.

Before proceeding with any formal action for incompatibility, have you considered the following?

Have you documented the minutes of meetings with the relevant employee?
Have you considered assigning a mentor to assist the employee in overcoming areas where they are struggling?
Would training be helpful? Changing an attitude is very difficult. The person concerned should recognise the negative impact they have on others when they display certain attitudes and or behaviour and seek ways to undo this behaviour.
Is the employee overworked? Very often top performers are overworked as the rest of the team may be happy to let them do most of the work.
Or your top performer may have a terrible attitude towards others and their behaviour reflects the same. You should not OVERLOOK their behaviour for the sake of their output as you will likely lose other good staff who may feel that their efforts aren’t acknowledged and that you condone the attitude and behaviour of the top performer purely on the basis of their output.
Who don’t they get on with?
Why can’t they work as a team?
What specifically are they doing that is incompatible in your business?

Charging someone with Incompatibility:

Issue a notification with evidence (you must ensure that proper evidence is available).
If the matter is referred to the CCMA or Bargaining Council, you will need to convince them of your case.
A Mutual Separation Agreement is an option, but it must be agreed upon in a procedurally proper manner. (In the long term this would be the cheaper option)
Don’t set a deadline to resolve the matter! Consider the cost of not doing things properly ~

Loss of good employees
Disruption to the team
Consider the message you are conveying to others in the business about incompatibility

Apply a give and take approach.
Consider whether the behaviour impacts the work environment and business overall.
Very often incompatibility speaks to harassment.
Wherever possible provide a safe place for employees to report their complaints. This ideally is someone who has the authority to report to management.

Dismissal for incompatibility is a last resort option and is not accepted as justified if the employee has not been counselled and given an opportunity to remedy the situation, within a reasonable period.

Finally, you, the business owner will be required to prove objectively a fair reason for dismissal on the basis of the employee’s incompatibility. This will include ~

Proof that the intolerable conduct on the part of the employee was the primary cause for the disharmony/ conflict in the workplace.
Did the disharmony adversely affect your business?
Was there an irretrievable breakdown of trust and confidence in the employment relationship?

Workplace conflict is challenging to manage. The general rule is to exhaust internal processes before seeking guidance externally.