Chapter 3 - Resolving Conflict In The Workplace Flashcards
What are industrial relations
Industrial relations refers to the relationship between the employer and employee in an organisation
Name the five benefits of positive industrial relations
Recruitment and retention employee motivation Intrapreneurship change industrial action
What is recruitment and retention
It is easier to recruit and retain staff when there are positive industrial relationships in business
What is employee motivation
Happy employees tend to be more motivated and are more willing to work hard for the benefit of the business
What is I ntrapreneurships
Employees are willing to suggest ideas for new products and processes which may increase business profits already is business costs
What is change
Employees are more excepting of change in the workplace with the employer is open and honest about the reasons why changes are needed
What is industrial action
Employees are more likely to speak to management about problems before they develop into serious issues this helps reduce the likelihood of industrial action
What are the five causes of industrial relations conflict
Pay working conditions technology redundancy unfair dismissal
Describe pay
Disputes with employer over rates of pay overtime payment and pension contributions
Describe working conditions
Disagreement with the employer in relation to hours of work health and safety in the workplace and holiday time
Describe technology
Resistance to the introduction of new technology:
employer has not provided adequate training
the use of new technology will increase workloads
Or lead to staff redundancies
Describe redundancy
Unhappiness of the way staff are chosen for redundancy or with the redundancy terms offered by the employer
describe Unfair dismissal
Believe that co-workers were unfairly dismissed based on factors such as disability or race in ploys fear for their own job security in the future
What are the four types of pay claims
Cost of living claim
comparability claim
productivity claim
relativity claim
What is a cost of living claim
Employees want to pay to keep up with the rate of inflation
What is comparability claim
Ploys want to pay to increase because people doing similar work have received a pay increase
what is Productivity claim
Employs seek a pay rise because their workload has increased where they have adapted to changes introduced by management
What is relativity claim
One group of workers pay is linked to another groups even though they’re doing different jobs if one group get a paying crease the other group will also want to increase to maintain the pay gap
What is a trade union
The trade union is northern is ation that aims to protect and improve the pay and working conditions of its members
How can an employee join a trade union
They can joined by paying a yearly fee
What is the shop steward and what three duties do they have
The shop Steward is elected by trade union members in the workplace and acts of the unions representative in that workplace
The duties of the shop Steward include:
providing feedback to the union on views of the union members
giving advice and support to members on workplace issues
helping to resolve disputes between employees and management
Name four benefits of trade union membership for employees
Protects employment rights - Makes employees aware of their rights and protect members of the business breaches any of these rights
information and support - Provides information and support to members and issues such as pay and leave entitlement
better pay and working conditions - The trade union negotiates with management on behalf of the staff to gain better pay and working conditions
National level - Do union can increase awareness of employees concerns by providing information to the media
Name is three benefits of a trade union for employers
Faster negotiations - it’s faster for employers to negotiate with this shop Steward rather than individual support groups of employees saves time and money
Introducing change - it can be easier for the employer to introduce change because of the shop Steward can explain to the employees why the changes are needed
Improved health and safety - employees inform the shop Steward of health and safety issues in the workplace this information can be passed to management and can help to improve health and safety at the firm
What is the ICTU
Irish congress of trade unions
What does the ICTU do and what are their names
ICTU represents and campaigns on behalf of trade union members in Ireland
providing training and information to trade unions and the members
help resolve disputes between unions and employers
negotiate on behalf of unions in national pay agreement with the government and other social partners
What is bargaining
When managers and employees meet and discuss issues such as pay and working conditions
What are the three types of bargaining
Individual bargaining
collective-bargaining
national collective-bargaining or social partnership
What is individual bargaining
Individual employees meet with the employer to negotiate the best pay and working conditions for themselves
Occurs in businesses where there are no trade union memberships
What is collective bargaining
The employer negotiated pay and conditions of employment with groups of employees often represented by the shop steward
What is national collective bargaining or social partnership
Social partners negotiate pay and working conditions at a national level the aim of this type of bargaining is to achieve moderate wage increases in return for positive industrial relationships in the economy and reductions in income tax for employees
Name the 5 types of industrial action
- Official strike
- All-out Strike
- Work to rule
- Token stoppage
- Overtime ban
Name the 3 types of illegal industrial action
- Unofficial strike
- Wildcat/lightening strike
- Political strike
Describe an official strike
Employees refuse to enters the workplace and perform their normal duties. An official strike requires:
A secret ballot to be held
At least one weeks notice
The strike to be approved by the ICTU
They may receive strike pay from the trade union
Describe an all-out strike
All employees of the business go on strike, even those who are not directly involved. Same requirements involved as the official strike
Describe a work to rule
Employees carry out their workplace duties as stated in their contract of employment. They do not carry out any other duties
Give an example of a work to rule
Nurses would not perform any cleaning or administrative duties
Describe an overtime ban
Employees refuse to work overtime for the employer. This puts the employer under pressure to resolve the issue quickly so the dispute does not have a negative impact on the business such as missing deadlines
Describe an unofficial strike
Employees take strike action but do not meet all the requirements. Trade union members do not receive strike pay
Describe a wildcat strike
Employees take strike action without giving any warning to the employer.
Describe a political strike
Employees leave work in order to protest against the governments actions. For example the introduction of new laws
What impact does industrial action have on the employer
Disrupts business activity and may result in missed deadlines e.g. failure to fulfill a customers order. This can damage the companies reputation
What impact does industrial action have on investors
Profits can fall during industrial action leading to lower dividends for investors
What impact does industrial action have on employees
The longer the industrial action continues the greater the threat to employees job security
What impact does industrial action have on suppliers
Suppliers may not be paid by the business experiencing strike action. Meaning they may not be able to pay their own bills and could go out of business
What impact does industrial action have on the government
Reduce the governments tax revenue e.g. income tax from employees. This results in less government income to spend on public services such as health care
What impact does industrial action have on consumers
Consumers may be unable to buy goods or services. They may purchase from competitors. They may continue to purchase from the competitors as they’re more reliable
Name the 5 non-legislative ways of resolving industrial conflict
Meeting and talking Negotiation Conciliation Mediation Arbitration
Describe meeting and talking
A meeting is arranged between the employer and employees. They discuss the issue and resolve the problem
Describe negotiation
Both parties meet and bargain with each other. They make offers and counter offers until a compromise is reached
Describe conciliation
The dispute is referred to an independent conciliator. The conciliator tries to get both sides to come to an agreement
Describe mediation
An independent mediator hears both sides of the dispute and outline how they think the problem should be resolved
Describe arbitration
An independent arbitrator listens to both sides in the dispute and makes a decision on how the problem is to be resolved. This is a recommendation and is not legally binding and can be rejected by both parties
What are the 5 legislative methods of resolving industrial conflict
Industrial relations act 1990 Workplace relations commission (WRC) Labour Court Unfair dismissal acts 1977-2015 Employment equality act 1998-2015
What is binding arbitration
Both parties agree in advance to accept the decision made by the arbitrator
What is the industrial relations act 1990
It was introduced to improve industrial relations in Ireland and to help resolve industrial relations disputes
What are the 5 main features of the industrial relations act 1990
Trade disputes Secret ballot Minimum notice Picketing Immunity
In relation to the industrial relations act 1990 what is trade disputes
The act outline the difference between legal and illegal disputes
In relation to the industrial relations act 1990 what is a secret ballot
For official industrial action to be taken, trade union members must vote in a secret ballot. This is a confidential vote in which employees decide whether or not to take industrial action
In relation to the industrial relations act 1990 what is minimum notice
The employees must give the employer a minimum of seven days notice before taking strike action
In relation to the industrial relations act 1990 what is picketing
Picketing involves employees walking outside the workplace carrying placards indicating that they are taking strike action
In relation to the industrial relations act 1990 what is immunity
The employer cannot sue the trade union or its members for losses incurred by the business due to strike action
What is secondary picketing
Takes place outside the workplace of another employer. It is legal to do this is the employees believe that this employer is helping their employer to break their strike action
What is the workplace relation commission
An independent body that provides a range of industrial relations services to employers and employees
In relation to the workplace relations commission what is information
The wrc provides information on employment law and industrial relations through its website and phone services
In relation to the workplace relations commission what is advisory services
The advisory service works with the business to build and maintain positive industrial relations in the workplace
In relation to the workplace relations commission what is conciliation
An independent conciliator hears the dispute and helps both parties to reach a mutually acceptable agreement
In relation to the workplace relations commission what is mediation
A mediator officer tries to get both parties to reach a mutually acceptable agreement. If they settle on an agreement the mediator officer puts it into writing and it becomes legally binding. If they do not settle on an agreement it is referred to the adjudication officer
In relation to the workplace relations commission what is adjudication service
Adjudication officers investigate causes when mediation has been unsuccessful. They hear both sides of the dispute and make a decision on how the case should be resolved. They can be appealed to the Labour court.
In relation to the workplace relations commission what are the codes of practice
Written rules that define how people/organization must act in particular situations e.g. bullying and disciplinary procedure
What is the Labour court
The Labour Court is the Court of last resort for industrial disputes. It is not a court of law but an industrial relation tribunal. Its aim is to resolve and adjudicate issues quickly, fairly and informally
What are the 5 of the Labour courts main functions
Investigates disputes Hears appeal Establishes joint Labour committees (JLC) Registers employment regulation orders Interpretation of codes of practice
In relation to the Labour court what is investigates disputes
The Labour Court investigates disputes between employers and employees and issues a decision on the case
In relation to the Labour court what is hears appeals
Decisions made by an adjudication officer at the wrc can be appealed to the Labour court. The Labour Court issues a binding judgement on the case
In relation to the Labour court what is establishes joint Labour committees
A JLC improves pay and working conditions for staff in certain sectors
In relation to the Labour court what is registers employment regulation orders
An employment regulation order is drawn up by the JLC and fixes minimum rates of pay and working conditions for people in specific industries
In relation to the Labour court what is interpretation of codes of practice
The Labour Court gives its opinion in the interpretation of the codes of practice formulated by the wrc
What is the unfair dismissal act
Introduced to prevent employees being dismissed from their roles for unfair reasons. The acts apply to employees with one years continuous employment with the employer
What are the five grounds for dismissal
Redundancy Incompetence Qualification Employee misconduct Legal reasons
What is redundancy
An employer can dismiss an employee if a genuine redundancy situation exists. Employees must be chosen fairly
What incompetence
The employee can be dismissed if they do not perform their role to an appropriate standard e.g. poor performance
What is qualification
If the employee does not have the relevant qualification for performing the role e.g. failing to pass exams
What is employee misconduct
It can relate to a number of minor offenses that when viewed together warrant dismissal e.g. persistent lateness
What is legal reasons
An employee can be dismissed if continuing their employment that could break the law e.g. not having correct visa
What are the 6 steps for fair dismissal
Counsel employee Verbal warning First written warning Final written warning Suspension Dismissal
What are the 3 forms of redress for unfair dismissal
Reinstatement
Re-engagement
Compensation
What is reinstatement
Gets their old job back, is entitled to payback from the date of dismissal, is entitled to any improvement in conditions of employment while they were dismissed
What is re-engagement
May get their old job back or an alternative job approved by the wrc, is not entitled to any back pay from the date of dismissal
What is compensation
Up to two years salary if they have suffered from financial loss due to the dismissal up to four weeks salary if they have not suffered any financial loss
What is constructive dismissal
Occurs when an employee resigns from their job because the feel that the employer has made working life so difficult that it is impossible to remain in their job
Before resigning the employee should have tried every other alternative way to solve the issue
What is the employment equality act 1998-2015
Prohibits discrimination in the workplace. The act applies to everybody in the Labour force.
It also applies to equal pay, training and promotion
What is discrimination
Occurs when one person is treated less favorably then another is, has been or would be treated in a comparable situation
What are ground for discrimination
Age - against an older or younger person
Gender - male, female, transsexual
Disability - physical disability, Learning disability or chronic illness
Sexual orientation - heterosexual, bisexual, homosexual
Membership of the Traveller community
Civil status - married, single, divorced
Family status - children under the age of 18 or over 18 with a disability
Race - race, colour, nationality, ethnic origin
Religious beliefs - Muslim, catholic,
What is the non legislative way to resolve complaints of discrimination in the workplace
Meet with manage - a meeting is arranged between management and the employee to discuss the complaint
The employee may bring their shop steward or another union member for support
The employee outlines their complaints to management and both parties try to solve the problem.
What are the 2 legislative ways to resolve complaints of discrimination in the workplace
Mediation - the employee takes their case to the wrc and requests mediation
The aim of mediation is to try to get both parties to reach a mutually acceptable solution
The solution is recorded in writing, signed by both parties and becomes legally binding
Adjudication - the adjudication officer hears the case and makes a legally binding decision on the dispute
If discrimination is proven, the adjudication officer can order the employer to:
Pay compensation
Provide equal pay/treatment
Take a specific course of action to prevent discrimination occurring again
