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Case Study...
Kamlakar
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Posted 25-06-2009Reply

Mr. Deepak is HR Manager at a fertilizer company’s manufacturing unit in Gujrat.

There are two Trade Unions in the unit. Both having their own strengths. Almost 1500 workers are working in the unit. They are associated with one or the either union.

The unit has a canteen contractor, and the pay and eat system is followed in the unit.

The two trade unions have a rivalry between them. If a decision is accepted by one union other union would not accept it.



One day, at 4.30 pm, a worker on shop floor was admitted to the hospital because he fell unconscious due to omitting.



Doctor said, it was due food poisoning. The worker had his lunch 3 hrs before the incident, and it was confirmed that he had no other food since his dinner at his house.



One day, a worker found a cockroach in his food, he immediately complained about the incident to Mr. Deepak (The HR manager) for appropriate disciplinary action against the contractor.



The investigations were made and the contractor was found to be guilty. The negligence while preparing the food has caused this.



The trade union with which the worker was associated was demanding the termination of contract as it is dangerous to the health of people working there, while other was defending the contractor saying contract should not be terminated since his food quality is good and that too at a reasonable rates, for along period of time.



Mr. Deepak is been threatened of life, by some people in both the cases if he takes decision against or in favor of the contractor.



Mr. Deepak immediately informed the situation to his seniors, they asked Mr. Deepak to go with the investigation report and take the necessary action against guilty people at the earliest.



What Mr. Deepak is supposed to do in this case?

Shalini
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  Rated 0 | Posted 27-07-2009

Hi Kamlakar

Just came across this subject. Can I comment on this one?

First of all the canteen contractor is not an employee of the company (according to your description). Although Mr Deepak has been informed of the incident who quite rightly conducted the investigation, it is not within his remit to take action against the the contractor, it's the decision of the business manager's. So Mr Deepak should have published his findings in a report and submit the copies of the reports which should include his recommendations to the union reps, the complainant (whoever it is in this case), to the business manager and the CEO.

Its upto the CEO to call the shots and HR has got nothing to do with this.

And..ah... if I were Mr Deepak I wiould emphasize the health and saftey of staff and perhaps give the canteen another chance and if this incident is a repeated one then there is enough evidence as to why the contract should be terminated.

It is very important for HR to establish that they are neutral and not biased to any group in the organisation. Mediation/Consultation and talks with Union reps are useful at all times in all situations in the presence of business managers.

I welcome any comments.

Shalini

Shalini
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  Rated 0 | Posted 27-07-2009

...and continuing on from my views above, if HR is asked to clean up this mess:

surely there should be something in the contract which clearly states that the food prepared should be of so and so standard and if the quality of the agreed standard is not reached or if there is a violation of health and saftey due to negligence ( which happened here) the contract will automatically come to an end.

If such a clause has not been included in the contract call the person who has drawn up the contract and ask him to conduct the talks with the unions, contractors and include an addendum to the existing one. I will be very surprised if such a clause or a similar clause is not in the contract!!

It is here HR need to use their influence and negotiation skills. HR is NOT THERE TO DO THE THINGS BUT TO HELP PEOPLE (MANAGERS) DO THE THINGS.

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