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Business (LC) > Chapter 3 - Resolving Conflict In The Workplace > Flashcards

Chapter 3 - Resolving Conflict In The Workplace Flashcards

1
Q

What are industrial relations

A

Industrial relations refers to the relationship between the employer and employee in an organisation

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2
Q

Name the five benefits of positive industrial relations

A 
Recruitment and retention 
employee motivation 
Intrapreneurship 
change 
industrial action
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3
Q

What is recruitment and retention

A

It is easier to recruit and retain staff when there are positive industrial relationships in business

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4
Q

What is employee motivation

A

Happy employees tend to be more motivated and are more willing to work hard for the benefit of the business

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5
Q

What is I ntrapreneurships

A

Employees are willing to suggest ideas for new products and processes which may increase business profits already is business costs

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6
Q

What is change

A

Employees are more excepting of change in the workplace with the employer is open and honest about the reasons why changes are needed

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7
Q

What is industrial action

A

Employees are more likely to speak to management about problems before they develop into serious issues this helps reduce the likelihood of industrial action

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8
Q

What are the five causes of industrial relations conflict

A 
Pay
working conditions 
technology 
redundancy 
unfair dismissal
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9
Q

Describe pay

A

Disputes with employer over rates of pay overtime payment and pension contributions

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10
Q

Describe working conditions

A

Disagreement with the employer in relation to hours of work health and safety in the workplace and holiday time

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11
Q

Describe technology

A

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

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12
Q

Describe redundancy

A

Unhappiness of the way staff are chosen for redundancy or with the redundancy terms offered by the employer

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13
Q

describe Unfair dismissal

A

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

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14
Q

What are the four types of pay claims

A

Cost of living claim
comparability claim
productivity claim
relativity claim

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15
Q

What is a cost of living claim

A

Employees want to pay to keep up with the rate of inflation

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16
Q

What is comparability claim

A

Ploys want to pay to increase because people doing similar work have received a pay increase

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17
Q

what is Productivity claim

A

Employs seek a pay rise because their workload has increased where they have adapted to changes introduced by management

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18
Q

What is relativity claim

A

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

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19
Q

What is a trade union

A

The trade union is northern is ation that aims to protect and improve the pay and working conditions of its members

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20
Q

How can an employee join a trade union

A

They can joined by paying a yearly fee

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21
Q

What is the shop steward and what three duties do they have

A

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

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22
Q

Name four benefits of trade union membership for employees

A

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

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23
Q

Name is three benefits of a trade union for employers

A

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

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24
Q

What is the ICTU

A

Irish congress of trade unions

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25
Q

What does the ICTU do and what are their names

A

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

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26
Q

What is bargaining

A

When managers and employees meet and discuss issues such as pay and working conditions

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27
Q

What are the three types of bargaining

A

Individual bargaining
collective-bargaining
national collective-bargaining or social partnership

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28
Q

What is individual bargaining

A

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

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29
Q

What is collective bargaining

A

The employer negotiated pay and conditions of employment with groups of employees often represented by the shop steward

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30
Q

What is national collective bargaining or social partnership

A

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

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31
Q

Name the 5 types of industrial action

A
  1. Official strike
  2. All-out Strike
  3. Work to rule
  4. Token stoppage
  5. Overtime ban
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32
Q

Name the 3 types of illegal industrial action

A
  1. Unofficial strike
  2. Wildcat/lightening strike
  3. Political strike
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33
Q

Describe an official strike

A

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

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34
Q

Describe an all-out strike

A

All employees of the business go on strike, even those who are not directly involved. Same requirements involved as the official strike

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35
Q

Describe a work to rule

A

Employees carry out their workplace duties as stated in their contract of employment. They do not carry out any other duties

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36
Q

Give an example of a work to rule

A

Nurses would not perform any cleaning or administrative duties

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37
Q

Describe an overtime ban

A

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

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38
Q

Describe an unofficial strike

A

Employees take strike action but do not meet all the requirements. Trade union members do not receive strike pay

39
Q

Describe a wildcat strike

A

Employees take strike action without giving any warning to the employer.

40
Q

Describe a political strike

A

Employees leave work in order to protest against the governments actions. For example the introduction of new laws

41
Q

What impact does industrial action have on the employer

A

Disrupts business activity and may result in missed deadlines e.g. failure to fulfill a customers order. This can damage the companies reputation

42
Q

What impact does industrial action have on investors

A

Profits can fall during industrial action leading to lower dividends for investors

43
Q

What impact does industrial action have on employees

A

The longer the industrial action continues the greater the threat to employees job security

44
Q

What impact does industrial action have on suppliers

A

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

45
Q

What impact does industrial action have on the government

A

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

46
Q

What impact does industrial action have on consumers

A

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

47
Q

Name the 5 non-legislative ways of resolving industrial conflict

A 
Meeting and talking 
Negotiation
Conciliation
Mediation
Arbitration
48
Q

Describe meeting and talking

A

A meeting is arranged between the employer and employees. They discuss the issue and resolve the problem

49
Q

Describe negotiation

A

Both parties meet and bargain with each other. They make offers and counter offers until a compromise is reached

50
Q

Describe conciliation

A

The dispute is referred to an independent conciliator. The conciliator tries to get both sides to come to an agreement

51
Q

Describe mediation

A

An independent mediator hears both sides of the dispute and outline how they think the problem should be resolved

52
Q

Describe arbitration

A

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

53
Q

What are the 5 legislative methods of resolving industrial conflict

A 
Industrial relations act 1990
Workplace relations commission (WRC) 
Labour Court 
Unfair dismissal acts 1977-2015 
Employment equality act 1998-2015
54
Q

What is binding arbitration

A

Both parties agree in advance to accept the decision made by the arbitrator

55
Q

What is the industrial relations act 1990

A

It was introduced to improve industrial relations in Ireland and to help resolve industrial relations disputes

56
Q

What are the 5 main features of the industrial relations act 1990

A 
Trade disputes 
Secret ballot 
Minimum notice 
Picketing 
Immunity
57
Q

In relation to the industrial relations act 1990 what is trade disputes

A

The act outline the difference between legal and illegal disputes

58
Q

In relation to the industrial relations act 1990 what is a secret ballot

A

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

59
Q

In relation to the industrial relations act 1990 what is minimum notice

A

The employees must give the employer a minimum of seven days notice before taking strike action

60
Q

In relation to the industrial relations act 1990 what is picketing

A

Picketing involves employees walking outside the workplace carrying placards indicating that they are taking strike action

61
Q

In relation to the industrial relations act 1990 what is immunity

A

The employer cannot sue the trade union or its members for losses incurred by the business due to strike action

62
Q

What is secondary picketing

A

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

63
Q

What is the workplace relation commission

A

An independent body that provides a range of industrial relations services to employers and employees

64
Q

In relation to the workplace relations commission what is information

A

The wrc provides information on employment law and industrial relations through its website and phone services

65
Q

In relation to the workplace relations commission what is advisory services

A

The advisory service works with the business to build and maintain positive industrial relations in the workplace

66
Q

In relation to the workplace relations commission what is conciliation

A

An independent conciliator hears the dispute and helps both parties to reach a mutually acceptable agreement

67
Q

In relation to the workplace relations commission what is mediation

A

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

68
Q

In relation to the workplace relations commission what is adjudication service

A

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.

69
Q

In relation to the workplace relations commission what are the codes of practice

A

Written rules that define how people/organization must act in particular situations e.g. bullying and disciplinary procedure

70
Q

What is the Labour court

A

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

71
Q

What are the 5 of the Labour courts main functions

A 
Investigates disputes
Hears appeal
Establishes joint Labour committees (JLC) 
Registers employment regulation orders 
Interpretation of codes of practice
72
Q

In relation to the Labour court what is investigates disputes

A

The Labour Court investigates disputes between employers and employees and issues a decision on the case

73
Q

In relation to the Labour court what is hears appeals

A

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

74
Q

In relation to the Labour court what is establishes joint Labour committees

A

A JLC improves pay and working conditions for staff in certain sectors

75
Q

In relation to the Labour court what is registers employment regulation orders

A

An employment regulation order is drawn up by the JLC and fixes minimum rates of pay and working conditions for people in specific industries

76
Q

In relation to the Labour court what is interpretation of codes of practice

A

The Labour Court gives its opinion in the interpretation of the codes of practice formulated by the wrc

77
Q

What is the unfair dismissal act

A

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

78
Q

What are the five grounds for dismissal

A 
Redundancy 
Incompetence 
Qualification
Employee misconduct 
Legal reasons
79
Q

What is redundancy

A

An employer can dismiss an employee if a genuine redundancy situation exists. Employees must be chosen fairly

80
Q

What incompetence

A

The employee can be dismissed if they do not perform their role to an appropriate standard e.g. poor performance

81
Q

What is qualification

A

If the employee does not have the relevant qualification for performing the role e.g. failing to pass exams

82
Q

What is employee misconduct

A

It can relate to a number of minor offenses that when viewed together warrant dismissal e.g. persistent lateness

83
Q

What is legal reasons

A

An employee can be dismissed if continuing their employment that could break the law e.g. not having correct visa

84
Q

What are the 6 steps for fair dismissal

A 
Counsel employee 
Verbal warning
First written warning
Final written warning
Suspension
Dismissal
85
Q

What are the 3 forms of redress for unfair dismissal

A

Reinstatement
Re-engagement
Compensation

86
Q

What is reinstatement

A

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

87
Q

What is re-engagement

A

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

88
Q

What is compensation

A

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

89
Q

What is constructive dismissal

A

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

90
Q

What is the employment equality act 1998-2015

A

Prohibits discrimination in the workplace. The act applies to everybody in the Labour force.
It also applies to equal pay, training and promotion

91
Q

What is discrimination

A

Occurs when one person is treated less favorably then another is, has been or would be treated in a comparable situation

92
Q

What are ground for discrimination

A

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,

93
Q

What is the non legislative way to resolve complaints of discrimination in the workplace

A

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.

94
Q

What are the 2 legislative ways to resolve complaints of discrimination in the workplace

A

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

Business (LC) (23 decks)

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