Trade union a group of employees who unite to protect their rights and welfare. It is effective because there is strength in numbers.
Employer representatives individuals or organisations that represent the management team in collective bargaining processes. This can be an internal (e.g., a member of the management team) or an external party (a hired individual).
Frequently Asked Questions: HR, Representatives, and Workplace Roles
Does HR represent the employer or employee?
Human Resources (HR) primarily represents the employer and its interests. While HR professionals are responsible for managing employee-related matters, ensuring fair treatment, and fostering a positive work environment, their core function is to serve the strategic goals and legal requirements of the organization that employs them.
However, a good HR department aims to balance the needs of the employer with the well-being and rights of employees to maintain a productive and compliant workplace.
What is the meaning of an employee representative and employer representative?
- Employee Representative: An individual or group chosen by employees to act on their behalf in discussions or negotiations with management. This could be a union representative, a member of a works council, or an elected employee spokesperson.
- Employer Representative: An individual or group authorized to act and make decisions on behalf of the employer. This could be a manager, a member of senior leadership, or someone from the HR department.
What is the role and responsibility of employee and employer representatives in the workplace?
The roles vary depending on the context (e.g., unionized vs. non-unionized workplace). Generally:
- Employee Representatives: Advocate for employee interests regarding wages, benefits, working conditions, safety, and fairness; participate in grievance procedures; negotiate collective agreements.
- Employer Representatives: Communicate company policies and goals; participate in negotiations; address employee concerns and grievances from the employer's perspective; ensure compliance with labor laws; make decisions that impact the workforce in line with business objectives.
Both roles are crucial for constructive dialogue and resolving workplace issues.
Must employers comply with an employee or employee's representative?
Employers must comply with employee representatives according to applicable laws and any existing agreements (like collective bargaining agreements with unions). For example, labor laws often require employers to bargain in good faith with union representatives. In other contexts, while formal compliance isn't always legally mandated for non-union representatives, engaging with them is often necessary for good employee relations and conflict resolution.
Can an employment attorney represent both an employer and an employee?
No. An employment attorney cannot represent both an employer and an employee in the same matter due to a severe conflict of interest. Attorneys owe a duty of loyalty to their client, and the interests of an employer and an employee in a dispute are inherently adverse. Representing both would violate ethical rules for attorneys.
What conflicts can arise from representing both employee and employer issues?
An attorney or representative cannot effectively advocate for the best interests of both parties in a disagreement because their goals are fundamentally opposed. This creates an insurmountable conflict of interest where confidential information shared by one party could be detrimental if used on behalf of the other party, and the representative's judgment would be compromised.
