03.04.2023

Baiterek Holding's Ombudsman sheds light on the measures to resolve conflicts in the workplace

What is the purpose of the ombudsman institution in the Baiterek Holding and what does the Ombudsman do to resolve social and labor conflicts? 
Here to answer these questions is Ardak Zhumagaliyev, the Ombudsman of the Baiterek Holding. Mr. Zhumagaliyev is a graduate of the University of Toronto, the School of Public Policy of Nazarbayev University, and holds professional certifications in mediation and English common law. He also has a Master's degree in Laws and Public Management and is a member of the Presidential Youth Personnel Reserve.

– What is the purpose of creating an ombudsman institution in the Baiterek Holding?
– The ombudsman institution plays a vital role in helping employees and stakeholders resolve disputes, improving the corporate governance system, and ensuring adherence to the Code of Business Ethics. The Ombudsman considers appeals related to corporate conflicts and conflicts of interest from employees within the Holding and participates in the development and practical implementation of the corporate governance system, principles, and rules of the Code of Business Ethics.
International experience from the Sloan School of Management at the Massachusetts Institute of Technology indicates that an Ombudsman is a necessary and cost-effective component of a dispute resolution system. The Ombudsman offers an alternative to litigation, facilitating the early resolution of conflicts, thereby minimizing damage to the parties involved. In addition, the Ombudsman can collect and analyze data that highlights potential systemic issues, which is crucial to address such issues.

– How does the Ombudsman consider disputes between the Holding’s employees?
– The Ombudsman must observe fundamental principles of independence, objectivity, neutrality, impartiality, confidentiality, and informality. The Ombudsman is independent and does not take the side of any of the conflicting parties. In their activities, they observe the principles of neutrality and impartiality. The Ombudsman does not disclose information without the permission of the applicant and makes a decision based on the information received. In addition, the Ombudsman listens to the parties and provides necessary clarifications for an effective and constructive settlement of the dispute. They are accountable to the Board of Directors, which ensures their independence.

– Besides explanations, what measures does the Ombudsman take to resolve disputes in the team?
– As part of their role, the ombudsman conducts consultations and gathers information to propose improvements to the corporate governance system within the Holding. They take measures to restore violated rights and interests and assist in obtaining necessary information. The Ombudsman also provides recommendations to parties to help resolve disputes. If an informal resolution is not possible, the ombudsman can assist in resolving the dispute in accordance with the law.

– What qualities should an Ombudsman have to effectively implement the above principles?
– To be an effective ombudsman, it is essential to possess several important qualities. Empathy and understanding of the needs and interests of all parties involved in the conflict are critical. An ombudsman must be able to listen to and analyze different points of view, identify common ground, and find solutions that satisfy the interests of all stakeholders. Excellent communication skills, including the ability to articulate thoughts and decisions and persuade parties to accept recommendations, are also essential for building trust and maintaining credibility. Furthermore, an ombudsman should have extensive work experience and a good reputation in the business community. It is also desirable to have mediation and crisis management skills to facilitate effective communication and conflict resolution.