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Business > Chapter 3: Industrial Relations > Flashcards

Chapter 3: Industrial Relations Flashcards

1
Q

What is a trade union and what are its functions?

A

A trade union is an interest group for employees views.
Functions:
-Fights to get better pay and working conditions
-Represents employees in a dispute
-Protect members jobs

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2
Q

Name four causes of bad industrial relations.

A
  1. Low pay
  2. Poor working conditions
  3. Redundancies
  4. Discrimination
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3
Q

Why are good industrial relations important? Name 5.

A
  1. Happy employees work harder.
  2. Intrapreneurship encouraged.
  3. Less Staff Turnover
  4. Can delegate
  5. Goodwill and cooperation (less strikes)
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4
Q

Explain the four reasons for a pay rise.

A
  1. Comparability Claim - Similar workers elsewhere got a pay rise.
  2. Relativity Claim - Pay rise relative to another job.
  3. Productivity Claim - Increased productivity, want increased pay.
  4. Cost of living claim-Pay linked to inflation.
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5
Q

Explain Negotiation for Industrial Relations.

A

Bargaining Process to try and reach a mutually acceptable solution. Employer and employee sit down for direct discussion. Manager represents employer and Trade Union represents employee. Hopefully reach a compromise they can both accept which they agree is called a collective agreement.

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6
Q

Explain Conciliation

A

Two parties in a dispute ask an independent third party to help them solve a problem called a conciliator. Tries to reach a mutually acceptable solution and offers advice and guidance. No power to tell them what to do.

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7
Q

Explain Arbitration.

A

Two parties in a dispute ask an independent third party to help them solve a problem called a arbitrator. Can make a ruling like a judge and tells them what to do to solve the dispute. Both sides can agree in advance that they will accept the ruling (binding arbitration)

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8
Q

Role of the Shop Steward.

A

Representative of employees in the union.
Functions:
-Recruit new members
-Represent members in negotiations
-Keeps members up to date with information
-Informs union heads of members concerns

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9
Q

Explain the role of the ICTU.

A

The Irish Congress of Trade Unions is an interest group that represents all trade unions. A lot of power.
Functions:
-Permission for all out strikes
-Settles disputes between unions. E.g. ASTI and TUI
-Provides training to unions and shop stewards
-Promotes the cause of the trade union movement.

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10
Q

What are the five legitimate reasons for a trade dispute?

A
  1. Pay and conditions
  2. Dismissal or suspension of employee
  3. Employer refuses to recognise a trade union
  4. Discrimination
  5. If you disagree with duties employer asks you to do
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11
Q

What makes a legal strike?

A

If employees want to strike they must hold a secret ballot and give their employer a weeks notice before the strike.

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12
Q

Distinguish between primary and secondary picketing.

A

Primary picketing is peacefully protesting outside your employer’s business.
Secondary picketing is protesting outside another business’s premises because they are helping the employer break the strike.

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13
Q

Explain the unfair dismissals act.

A

Law protects employees from unfair dismissals.
Every sacking is unfair unless proved otherwise
Employees need one year continuous service and to be over 16 for the law to apply.

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14
Q

Name the five reasons for fair dismissal.

A
  1. Incapable
  2. Not qualified
  3. Incompetent
  4. Misconduct
  5. Redundancies
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15
Q

Name 8 reasons for unfair dismissal.

A
  1. Pregnancy
  2. Union Activities
  3. Beliefs
  4. Race
  5. Age
  6. Suing Boss
  7. Traveller
  8. Sexuality
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16
Q

Explain the procedures for dismissing an employee.

A
  1. Counselling - What does employee need to do to get better.
  2. Formal Verbal Warning -State reasons they will be dismissed.
  3. Written warnings - Reasons and evidence
  4. Employee’s right to appeal - Employee can have a hearing, evidence presented by both sides. Fair and impartial.
17
Q

Three forms of compensation for unfair dismissal.

A

Compensation-Compensation is awarded in respect of financial loss only, generally, the maximum compensation is equivalent to 2 years’ pay.

Re-engagement-The employee is given back their job or an alternative job approved by the Workplace Relations Commission (WRC) but only from a particular date. The person will not be entitled to compensation for any loss of earnings.

Re-instatement-The employee is treated as if they had never been dismissed and are entitled to compensation for earnings lost between the date of the dismissal and the date of the hearing.

18
Q

Explain the term constructive dismissal.

A

Means that the employer deliberately makes an employee’s life hell so that they quit. This is illegal but this time employee must prove they were forced to resign.

19
Q

Explain employment equality act and its 9 headings.

A

Illegal to discriminate when hiring, training and promoting.

  1. Gender
  2. Martial Status
  3. Family Status
  4. Age
  5. Disability
  6. Race
  7. Sexuality
  8. Religious Beliefs
  9. Traveller
20
Q

Three aims of the equality authority.

A
  1. Eliminate discrimination by explaining it to employers and representing employees.
  2. Keep public information on their website.
  3. Promote equal opportunities.
21
Q

What are the three types of legitimate industrial action?

A
  1. Official Strike - Secret Ballot plus weeks notice.
  2. Work to rule - Employees work job description to the letter.
  3. Overtime Ban - Employees don’t work overtime.
22
Q

What are the four types of illegitimate industrial action?

A
  1. Unofficial Strike - No secret ballet or weeks notice or a dispute over closed shop.
  2. Wildcat Strike - Walk off the job without warning.
  3. Political Strike - Protest against government by stopping work.
  4. Sympathetic Strike - Go on strike to show support.
23
Q

What are the functions of the WRC?

A

Provides a conciliation service. (80% of cases solved)
Provides an industrial relations advisory service
Draws up codes of practice on industrial relations issues
Research into industrial relations developments to help identify future problems
Rights commissioners service

24
Q

What are the functions of the rights commissioner? Give four examples of the kind of cases they take.

A

Investigates disputes involving a small number of employees. E.g. Unfair Dismissal, suspensions, maternity leave and discipline.

Employer and employee must both agree to use RC..
Have a hearing with witnesses.
Mutually acceptable agreement.
Place where a ‘single person’ can privately get justice for free.

25
Q

What is the labour court and what are it’s five functions?

A

Established to provide a free service for solving industrial relations problems (not a court of law). Court of last resort.

  1. Investigates disputes not solved by WRC
  2. Hears appeals against recommendations made by Equality Officer
  3. Interprets Code of Practice
  4. Makes Collective Agreements Legally Binding
  5. Established JLC (Joint Labour Committee) to propose changes to employment law in specific sectors.
26
Q

What is the director of equality tribunal, EMO and EO? (6)

A

Equality Authority investigates cases of employee discrimination in the workplace.
Director decides whether EO or EMO is used.
Free service.
Equality Meditation Officer (EMO) hears the case informally.
Confidential Service.
Equality Officer investigates formally if EMO does not work.
Director can dismiss claims and make final decision.

27
Q

Evaluate the Industrial Relations Act 1990. (3)

A

Protects Irish employees as it ensures:

  • They have a legal right to protest for legitimate demands and can also protest against a business who frustrates their strike.
  • All ballots are secret which avoids employees being bullied and intimidated.
  • No fear of retribution as workers are immune to arrest if correct procedures followed.
28
Q

Evaluate the Unfair Dismissals Act. (4)

A

Good job at protecting employees because:

  • Employer needs legitimate reasons to sack employee and not just cause they don’t like them.
  • Any worker can take an unfair dismissals case to get their job back.
  • Free Service
  • Burden of proof lies with the employer.
29
Q

Evaluate the Employment Equality Act 1998-2015. (2)

A

Good job at protecting employees because:

  • Ensures they cannot be treated badly by prejudiced bosses. All workers must be treated equally.
  • Sets out nine categories that have been traditionally discriminated against in the workplace and encourages their hiring and promoting.
30
Q

Outline the role of WRC in RESOLVING industrial disputes.

A

Mediation: definition + Appoints equality mediation officer who facilitates both parties to reach a mutually acceptable solution.
Arbitration: definition + Appoints equality officer.

Business (27 decks)

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