Negotiating Employee Contracts Case Study Review Negotiations and Conflict Resolution

Kwesi Atta Sakyi; Esnart Mwaba Tayali; Godffrey Kapasa Mweshi; David Musona

doi:doi:10.11648/j.jhrm.201200803.14

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Negotiating Employee Contracts Case Study Review Negotiations and Conflict Resolution

Kwesi Atta Sakyi, Esnart Mwaba Tayali, Godffrey Kapasa Mweshi, David Musona

Published in Journal of Human Resource Management (Volume 8, Issue 3)

Received: 27 April 2020 Accepted: 3 June 2020 Published: 23 June 2020

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Abstract

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.

Published in	Journal of Human Resource Management (Volume 8, Issue 3)
DOI	10.11648/j.jhrm.201200803.14
Page(s)	139-145
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2020. Published by Science Publishing Group

Keywords

Employment Contract, Negotiations, Attributes of Valid Contract, Employer-Employee Relations, Full Disclosure, Sources of Power, Psychological Contract, Perception, Contract Re-negotiation

References

[1]	ACAS Written statements of terms and conditions of employment http://www.acas.org.uk/index.aspx?articleid=3970
[2]	Armstrong, M. & Taylor, S. (2017) Armstrong’s Handbook of Human Resource Management Practice London: Kogan Page.
[3]	Armstrong, M. (1993) A Handbook of Personnel Management
[4]	Beardwell, J. & Thompson, A. (2017) A Human Resource Management- A Contemporary Approach London: Pearson Learning
[5]	Bedard, G. (n. d.) Welcome to Negotiation and Contract Management-NVIT [Online].
[6]	Byars, L. L. & Rue, L. W. (1997) Human Resource Management (5^th ed.) Boston: Irwin
[7]	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.
[8]	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
[9]	Cole, G. A. (2002) Personnel and Human Resource Management (5^th ed.) London: Cengage Learning.
[10]	Cole, G. A. (2004) Management Theory and Practice (6^th ed.) Singapore: Thomson Learning.
[11]	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.
[12]	Gennard, J. & Judge, G.(2012) Employee Relations (4^th ed.) London: CIPD. Key, S. (2015) 9 Ways to negotiate a contract like a boss [Online] Entrepreneur Franchise 500.
[13]	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./.
[14]	Heneman, Schwab, Fossum (1995) Personnel/Human Resource Management New York, N.Y.: Irwin
[15]	Key, S. (2015) 9 Ways to negotiate a contract like a boss [Online] Entrepreneur Franchise 500.
[16]	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
[17]	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.
[18]	Lazear, E. P. & Gibbs, M. (2015) Personnel Economics in Practice New York, N. Y.: Wiley.
[19]	Mansfield, G., Banerjee, L. & Brown, D. (2017) Blackstone’s Employment Practice (9^th ed.) Oxford: OUP.
[20]	Morrison, E. (2014) Employee Voice and Silence Annual Review of Organizational Psychology and Organizational Behavior
[21]	Mullins, L. J. & Christy, G. (2010) Management and Organisational Behaviour (11^th ed.) Harlow, Edinburgh: Pearson Education Limited.
[22]	Perkins, S. & White, G. (2009) Employee Reward London: CIPD.
[23]	Rose, E. (2008) Employment Relations London: FT Prentice Hall.
[24]	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
[25]	Torrington, D., Hall, L., Taylor, S. and Atkinson, C. (2011) Human Resource Management (8^th ed.). London: Pearson Education.
[26]	Ury, W. (1993) Getting Past No: Negotiating your way from Confrontation to Cooperation (Revised Edition) New York: Bantam Books.
[27]	Weightman, J. (2004) Managing People (2^nd ed.) London: CIPD chp. 13 and 14.

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APA Style

Kwesi Atta Sakyi, Esnart Mwaba Tayali, Godffrey Kapasa Mweshi, David Musona. (2020). Negotiating Employee Contracts Case Study Review Negotiations and Conflict Resolution. Journal of Human Resource Management, 8(3), 139-145. https://doi.org/10.11648/j.jhrm.201200803.14

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ACS Style

Kwesi Atta Sakyi; Esnart Mwaba Tayali; Godffrey Kapasa Mweshi; David Musona. Negotiating Employee Contracts Case Study Review Negotiations and Conflict Resolution. J. Hum. Resour. Manag. 2020, 8(3), 139-145. doi: 10.11648/j.jhrm.201200803.14

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AMA Style

Kwesi Atta Sakyi, Esnart Mwaba Tayali, Godffrey Kapasa Mweshi, David Musona. Negotiating Employee Contracts Case Study Review Negotiations and Conflict Resolution. J Hum Resour Manag. 2020;8(3):139-145. doi: 10.11648/j.jhrm.201200803.14

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@article{10.11648/j.jhrm.201200803.14,
  author = {Kwesi Atta Sakyi and Esnart Mwaba Tayali and Godffrey Kapasa Mweshi and David Musona},
  title = {Negotiating Employee Contracts Case Study Review Negotiations and Conflict Resolution},
  journal = {Journal of Human Resource Management},
  volume = {8},
  number = {3},
  pages = {139-145},
  doi = {10.11648/j.jhrm.201200803.14},
  url = {https://doi.org/10.11648/j.jhrm.201200803.14},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.jhrm.201200803.14},
  abstract = {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.},
 year = {2020}
}

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TY  - JOUR
T1  - Negotiating Employee Contracts Case Study Review Negotiations and Conflict Resolution
AU  - Kwesi Atta Sakyi
AU  - Esnart Mwaba Tayali
AU  - Godffrey Kapasa Mweshi
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DO  - 10.11648/j.jhrm.201200803.14
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JF  - Journal of Human Resource Management
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AB  - 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.
VL  - 8
IS  - 3
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Author Information

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

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Plain Text BibTeX RIS

APA Style

Kwesi Atta Sakyi, Esnart Mwaba Tayali, Godffrey Kapasa Mweshi, David Musona. (2020). Negotiating Employee Contracts Case Study Review Negotiations and Conflict Resolution. Journal of Human Resource Management, 8(3), 139-145. https://doi.org/10.11648/j.jhrm.201200803.14

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ACS Style

Kwesi Atta Sakyi; Esnart Mwaba Tayali; Godffrey Kapasa Mweshi; David Musona. Negotiating Employee Contracts Case Study Review Negotiations and Conflict Resolution. J. Hum. Resour. Manag. 2020, 8(3), 139-145. doi: 10.11648/j.jhrm.201200803.14

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AMA Style

Kwesi Atta Sakyi, Esnart Mwaba Tayali, Godffrey Kapasa Mweshi, David Musona. Negotiating Employee Contracts Case Study Review Negotiations and Conflict Resolution. J Hum Resour Manag. 2020;8(3):139-145. doi: 10.11648/j.jhrm.201200803.14

Copy | Download

@article{10.11648/j.jhrm.201200803.14,
  author = {Kwesi Atta Sakyi and Esnart Mwaba Tayali and Godffrey Kapasa Mweshi and David Musona},
  title = {Negotiating Employee Contracts Case Study Review Negotiations and Conflict Resolution},
  journal = {Journal of Human Resource Management},
  volume = {8},
  number = {3},
  pages = {139-145},
  doi = {10.11648/j.jhrm.201200803.14},
  url = {https://doi.org/10.11648/j.jhrm.201200803.14},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.jhrm.201200803.14},
  abstract = {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.},
 year = {2020}
}

Copy | Download

TY  - JOUR
T1  - Negotiating Employee Contracts Case Study Review Negotiations and Conflict Resolution
AU  - Kwesi Atta Sakyi
AU  - Esnart Mwaba Tayali
AU  - Godffrey Kapasa Mweshi
AU  - David Musona
Y1  - 2020/06/23
PY  - 2020
N1  - https://doi.org/10.11648/j.jhrm.201200803.14
DO  - 10.11648/j.jhrm.201200803.14
T2  - Journal of Human Resource Management
JF  - Journal of Human Resource Management
JO  - Journal of Human Resource Management
SP  - 139
EP  - 145
PB  - Science Publishing Group
SN  - 2331-0715
UR  - https://doi.org/10.11648/j.jhrm.201200803.14
AB  - 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.
VL  - 8
IS  - 3
ER  -

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