Negotiating Employee Contracts Case Study Review Negotiations and Conflict Resolution
Journal of Human Resource Management
Volume 8, Issue 3, September 2020, Pages: 139-145
Received: Apr. 27, 2020;
Accepted: Jun. 3, 2020;
Published: Jun. 23, 2020
Views 168 Downloads 94
Kwesi Atta Sakyi, Directorate of Research Consultancy and Innovation, ZCAS University, Lusaka, Zambia
Esnart Mwaba Tayali, Department of Work Employment and Organization, University of Strathclyde, Glasgow, Scotland
Godffrey Kapasa Mweshi, Department of Social Sciences, ZCAS University, Lusaka, Zambia
David Musona, Department of Accounting and Finance, ZCAS University, Lusaka, Zambia
This paper is a review of a case study in human resource management with a slant towards the legal aspect of contract of employment and renegotiation of contracts. As none of the authors is a lawyer, the paper is reviewed from the managerial rather than from the legal point of view. Cindy is the lady employee in question who worked for a company for many years and never thought that a time would come when her employer would transfer her to a far off and forlorn place in the midst of nowhere. Her relocation puts her off and she thought she had been unfairly treated by her employer. In the analysis of the issues at stake in the scenario, the authors came to the conclusion that both Cindy and her employers had merit in their case should they go to court for adjudication and pronouncement of a verdict. Cindy on her part did not follow due process at the onset to ask questions about her job. It seemed also that her employers on their part did not do full disclosure about the nature of the job and the need to relocate staff when necessary. The authors decided to use the exploratory approach methodology in this case study review as there was not much information in the scenario to go by. The case study method has been found to be a suitable method of research that enables a phenomenon to be examined closely at a micro level so that knowledge from a small sample can be extended to cover generalizations of all similar cases, using the deductive and inductive approaches. Therefore the authors made some assumptions and used the deductive and inductive approach to arrive at logical conclusions. This article is therefore a narrative article and a commentary that does not include any primary research material. Readers are free to come to their own conclusions on the merit of the case as the main objective of the authors of this article is to generate knowledge for academic discourse. Human Resource practitioners and theoreticians will hopefully find the article stimulating food for thought and pertinent to their work.
Kwesi Atta Sakyi,
Esnart Mwaba Tayali,
Godffrey Kapasa Mweshi,
Negotiating Employee Contracts Case Study Review Negotiations and Conflict Resolution, Journal of Human Resource Management.
Vol. 8, No. 3,
2020, pp. 139-145.
Copyright © 2020 Authors retain the copyright of this article.
This article is an open access article distributed under the Creative Commons Attribution License (http://creativecommons.org/licenses/by/4.0/
) which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
ACAS Written statements of terms and conditions of employment http://www.acas.org.uk/index.aspx?articleid=3970
Armstrong, M. & Taylor, S. (2017) Armstrong’s Handbook of Human Resource Management Practice London: Kogan Page.
Armstrong, M. (1993) A Handbook of Personnel Management
Beardwell, J. & Thompson, A. (2017) A Human Resource Management- A Contemporary Approach London: Pearson Learning
Bedard, G. (n. d.) Welcome to Negotiation and Contract Management-NVIT [Online].
Byars, L. L. & Rue, L. W. (1997) Human Resource Management (5th ed.) Boston: Irwin
Capelli, P. & Keller, J. (2014) Talent Management: Conceptual Approaches and Practical Challenges Annual Review of Organizational Psychology and Organizational Behavior 1 Vol. 1 pp. 308-331.
CEO World. biz (2018) How to renegotiate your employment contract when you have achieved success [Online] https://ceoworld.biz/2018/02/01/how-to-renegotiate-your-ceo-employment-contract-when-you-have-achieved-success
Cole, G. A. (2002) Personnel and Human Resource Management (5th ed.) London: Cengage Learning.
Cole, G. A. (2004) Management Theory and Practice (6th ed.) Singapore: Thomson Learning.
Francis, K. A. (2019) Terms & Conditions of an Employment Contract - Small Business [Online] Retrieved from - Chron.com, http://smallbusiness.chron.com/terms-conditions-employment-contract-4784.html. 15 March 2019.
Gennard, J. & Judge, G.(2012) Employee Relations (4th ed.) London: CIPD. Key, S. (2015) 9 Ways to negotiate a contract like a boss [Online] Entrepreneur Franchise 500.
Harvard Business Review (HBR) (2016) How to Renegotiate a Bad Deal Program on Negotiation (PON) at Harvard Law School Retrieved from https://www.pon.harvard.edu./.
Heneman, Schwab, Fossum (1995) Personnel/Human Resource Management New York, N.Y.: Irwin
Key, S. (2015) 9 Ways to negotiate a contract like a boss [Online] Entrepreneur Franchise 500.
LawTeacher (2018) Main Elements Constituting a Valid Contract https://www.lawteacher.net/free-law-essays/contract-law/main-elements-constituting-a-valid-contract-contract-law-essay.php
Lawyers Weekly.com (n. d.) Five things to think about when signing or re-negotiating your employment contract [Online] https://www.lawyersweekly.com.au/opinion/23569-five-things-to-think-about-when-signing-or-re-negotiating-your-employment-contract.
Lazear, E. P. & Gibbs, M. (2015) Personnel Economics in Practice New York, N. Y.: Wiley.
Mansfield, G., Banerjee, L. & Brown, D. (2017) Blackstone’s Employment Practice (9th ed.) Oxford: OUP.
Morrison, E. (2014) Employee Voice and Silence Annual Review of Organizational Psychology and Organizational Behavior
Mullins, L. J. & Christy, G. (2010) Management and Organisational Behaviour (11th ed.) Harlow, Edinburgh: Pearson Education Limited.
Perkins, S. & White, G. (2009) Employee Reward London: CIPD.
Rose, E. (2008) Employment Relations London: FT Prentice Hall.
Teacher, Law (November 2013). Main Elements constituting A Valid Contract. Retrieved from https://www.lawteacher.net/free-law-essays/contract-law/main-elements-constituting-a-valid-contract-contract-law-essay.php?vref=1
Torrington, D., Hall, L., Taylor, S. and Atkinson, C. (2011) Human Resource Management (8th ed.). London: Pearson Education.
Ury, W. (1993) Getting Past No: Negotiating your way from Confrontation to Cooperation (Revised Edition) New York: Bantam Books.
Weightman, J. (2004) Managing People (2nd ed.) London: CIPD chp. 13 and 14.