Ch 3. Resolving Conflict in the Workplace Flashcards
Industrial relations
The quality of the relations that exist between the managers and the employees in an orgainisation
Benefits of good industrial relations (4)
- Easier to recruit and retain high quality staff
- Low levels of absenteeism and labour turnover
- Happy staff are more productive
- Fewer industrial disputes
An industrial dispute
A legal term referring to any conflict between workers and employers
Industrial disputes causes (3)
- Pay and working conditions
- Redundancies or dismissals
- Discrimination of staff
Industrial relations made worse by (5)
- Poor communications
- Unrealistic employees
- Excessively demanding employers
- Aggressive behaviour, autocratic managers
- Lack of trust
Good industrial relations can be promoted by (6)
- Good wages and working conditions
- Open communication
- Keeping promises, trust and respect
- Treating staff fairly
- Having a clear grievance procedure, simple, fair and quick method
- Fair dismissals
Grievance procedure
The rules agreed between employers and staff when raising workplace issues
Trade unions
Organisations that represent the views and interests of employees in matters concerning pay and conditions of employment
A shop steward
A spokesperson elected by employees in a workplace to act as their local union representative
Benefits of union membership to employees (5)
- Protect employees rights
- Look for better pay and conditions
- Negotiate with employers
- Provide advice
- Provide a national voice through ICTU
Benefits of union membership to employers (5)
- Simplifies communications
ICTU
- Irish Congress of Trade Unions
- Speaks and acts for all unions in the ROI
Roles of ICTU (4)
- A negotiator for all unions
- Promotes the benefits of union membership
- Resolves disputes between different unions
- Provides training, education and research
Pay claims (4)
- Cost of living claim
- Comparability claim
- Relativity claim
- Productivity claim
Cost of living claim
Arises when employees want their wages to keep up with inflation
Comparability claim
Arises where employees want similar pay and conditions to workers doing comparable work in a different company
Relativity claim
Occurs where one group of workers want to maintain higher pay than another group
Productivity claim
Occurs where workers seek improved pay and conditions as a reward for increasing their output and efficiency
Individual bargaining
Occurs when the employer negotiates individually with an employee
Collective bargaining
Occurs when the employer negotiates collectively with a group of employees, usually through a trade union representative
Social partners
Comprise representatives of the government, employers, and employees
Social partnership
The process whereby the government, employers and employees agree pay and conditions nationally
Industrial Relation Act 1990
Law that sets out the rules concerning industrial disputes and strikes
According to the Industrial Relations Act 1990
- Disputes must be legitimate
- Unions must hold a secret ballot
- Unions must give at least one week’s advance notice
- Official disputes - have ICTU support
- Immunity to being sued if its an official dispute
- Unofficial disputes - don’t have ICTU - illegal
- Primary picketing allowed, Secondary picketing illegal
- LRC helps with resolving disputes
Secret ballot
How a person votes remains confidential
Official dispute
Legitimate trade disputes that have received the approval of a majority of workers in a secret ballot, along with trade union and ICTU support
Unofficial disputes
- Have no union or ICTU approval
- Workers on strike in an unofficial dispute may receive no support from their union
Wildcat strike
A type of unofficial dispute where no advance notice or warning is given to management
Picketing
Involves employees and trade union officials walking up and down outside the workplace indicating a strike is in progress
LRC
- Labour Relations Commission
- Established by The Industrial Relations Act 1990 as a specialist agency to help with resolving industrial disputes
Different types of industrial actions employees can take (5)
- Token stoppages
- Work-to-rule
- Go-slow
- Overtime bans
- Strike
Token stoppages
Involve workers stopping work for a short period of time to demonstrate their strength of feeling to the employer.
Work to rule
The employees only to their basic job and nothing more.
Go-slow
Employees carry out the minimum amount of work they can get away with without jeopardising their basic pay.
Overtime bans
Workers refuse to work extra hours.
All-out strike
All union members in an organisation are ordered by the ICTU to stop working and leave the premises.
Negative consequences of strikes for Businesses
Operations and production are disrupted.
Sales are lost and profits fall.
Negative consequences for Employees
Loss of wages.
Negative consequences for Customers
Goods and services unavailable
Negative consequences for Suppliers
Loss of sales.
Profits fall.
Negative consequences for Investors
Reduction in dividends.
Negative consequences for the Economy
Loss of wages spent and circulated.
Negative consequences for the Government
Loss of tax revenues.
The LRC provides (4)
- Conciliation service
- Rights Commissioner Service
- Industrial Relations Advisory Service
- Codes of Practice
Conciliation Service
An Industrial Relations Officer at the LRC assists Employers and Union Representatives to sort out their differences and negotiate solution themselves.
Rights Commissioner Services
For disputes involving just one or a small group of workers concerning unfair dismissal, maternity leave and disciplinary procedures.
Codes of Practice
A set of recommended voluntary rules used in industrial relations to solve disputes.
The Labour Court
- “the court of last resort”
- Provides an arbitration service by listening to both sides in a dispute before recommending a solution
Purpose of the Labour Court (4)
- Only gets involved if asked by the LRC
- Provides an arbitration service
- Registers industrial relations agreements
- Establishes Joint Labour Committees
Arbitration
The Labour Court investigates a dispute and recommends a solution
JLC’s
- Joint Labour Committees
- A forum for negotiating minimum pay and conditions in industries where many workers do not have union protection
Dismissal
To be sacked from a job due to incompetence, dishonesty or breach of company discipline
Unfair Dismissals Act 1977 to 2007
Laws preventing employees from being dismissed from their job for unfair reasons
A dismissal is considered fair if… (4)
- Employee was incompetent or incapable
- Employee’s conduct unacceptable
- Job had become redundant
- Employer followed proper procedures
Redundancy
When workers are let go from a job because there is no longer enough work for them to do
Voluntary redundancies
Offered to those who wish to apply for it
Compulsory redundancies
When employees are not given a choice and must leave
A dismissal is regarded unfair if…. (5)
- Employer did not follow proper procedures
- Employer cannot prove that the employee was incompetent
- Employer cannot prove that the employee’s conduct was unacceptable
- Employer cannot prove the job was redundant
- Employer engages in constructive dismissal
Before being dismissed, an employee has the right…. (3)
- To know the reason
- To have a right of reply to those reasons
- To have a fair hearing and be accompanied by a representative
Penalties for a company guilty of unfair dismissals (3)
- Financial compensation
- Reinstatement (financial compensation)
- Re-engagement (no financial compensation)
The Employment Equality Act 1998
The law that says it is illegal to discriminate against anyone at work on the basis of discrimination
Discrimination
When one person is treated in a less favourable way than another person is, has been or would be treated in a comparable situation
The Equality Authority
The State agency responsible for ensuring that businesses do not break equality laws
Functions of the Equality Authority (3)
- To monitor the operation of all equality legislation
- To advise employers, employees and customers of the legal rights and responsibilities
- To assist people with equality complaints
The Director of Equality Investigations
Responsible of actually investigating complaints concerning discrimination referred by the Equality Authority
Non-legislative ways of dealing with discrimination (2)
- Talk
- Seek help (contact your union)
Legislative ways of dealing with emotions (2)
- An equality officer investigates serious cases and provides an arbitration service
- An equality mediator appointed for less serious complaints - uses conciliation