Chapter 3 : Industrial Relations Flashcards
define industrial relations
refer to the quality of the relations that exist between the managers and employers in an organisation
causes of industrial disputes
pay
working hours, holidays, conditions
conflict over tech introduction
redundancies
how to promote good industrial relations
good wages
good conditions
building up trust
clear grievance procedure
ICTU
body that speaks and acts for all unions in the ROI
discuss the procedure that must take place before a strike
- secret ballot
- 1 weeks notice
- inform ICTU
under the Unfair Dismisals Act 1977-2007 what dismissals are deemed to be fair
employee was incompetent
conduct was unacceptable
job had become redundant
employee can prove a fair procedure was followed
what dismissals are deemed unfair
employer did not follow proper procedures
can’t prove that employee was incompetent
employer engaged in constructive dismissal
race/gender/maternity leave etc
what does the employment equality act 1998 say
that it is illegal to discriminate against anyone at work on the basis of gender marital status family status age disability race sexual orientation religious belief being a traveller
legislative ways of dealing with discrimination in the workplace
the workplace relations commission investigates serious cases and provides an arbitration service, for less serious cases the WRC provide a conciliation service
what is the industrial relation act 1990
according to this law, disputes must be legitimate, unions must hold a secret ballot, one weeks notice must be given to employer, immunity
4 types of unions
general
craft
industrial
white collar
3 types of pay claims
cost of living
productivity
relativity claim
how to legally form a union
1000 members
18 months notice
lodge 10000 in court
define trade dispute
any dispute between employers and workers which is connected to the employment or non employment or the terms of employment of any person
explain official strike
this is one which involves workers picketing outside the workplace. they have held a secret ballot, given one week notice and received union approval
explain work to rule
where employees do their work as per what is in their contract and nothing else. go slow is when they do their job as per contract but so slow that it infuriates the employer
what is discrimmination
treating someone ‘less favourably’
primary picketing
according to the industrial relations act 1990 it is lawful for a walker to walk up and down with placards at a place where their employer works as long as the picketing is for peacefully communicating info
secondary picketing
the act provides that secondary picketing (picketing of an employer other than the primary employer) is lawful only when it is reasonable to assume that the second employer was acting to frustrate the industrial action directly assisting their employer
2 functions of the labour relations commission
rights commissioners can only deal with disputes about unfair dismissal, suspension, maternity leave and disciplinary procedures + conciliation service ( neutral third party assists in resolving differences )
constructive dismissal
arise when you the employee terminate our contract of employment, with or without prior notice, due to the conduct of your employer
it is up to the employee to prove that the resignation was justified
arbitration
where the settlement of a dispute is sent before a group of independent persons for adjudication, the parties agree in advance that they will agree to the decision.
adjudication
a service where the dispute is investigated by the adjudication officer, they hear both sides of the story and then give a written decision in relation to the complaint
mediation
the mediation officer investigates the dispute and empowers the parties to negotiate their own agreement on a clear and informed basis. they are free to terminate it at any stage
concilliation
a voluntary process where a wro helps both sides to discuss the issue and come to a consensus. it may be terminated at any stage
evaluate the small claims procedure
it is inexpensive, fee is 25 which you send to the small claims registrar, you can only use the small claims procedure if your claim is 2000 or less. no solicitor is required and it dosnt deal with cases such as debts, personal injuries.
consumers in ireland can make cross border claims of up to 5000 agaisnts business in other eu countries(except Denmark) through the european small claims procedure
