crazam 3 Flashcards
collective bargaining
a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits, and other aspects of workers compensation and rights for workers
provisions of the Industrial Relations Act 1990
•trade disputes
•legitimate trade disputes
•Secret ballots
•primary picketing
•secondary picketing
•immunity
trade dispute
defined by the Industrial Relations Act 1990 as ‘any dispute between employers and workers, which is connected with the employment or non employment or the terms or conditions of employment of any person’
services provided by WRC
•advisory service
•conciliation service
•compliance/inspection service
•mediation service
•adjudication service
advisory service
(WRC)
•promotes good practices in workplace by assisting & advising organizations in all aspects of IR in workplace
•engaged with employers, employees and their reps to help develop effective IR practices, procedures ands structures
•Eg review/develop effective workplace procedures in areas like grievance, discipline, communications
conciliation service
•conciliation is a voluntary process in which the parties to a dispute agree to avail of a neutral and impartial third party to assist them in resolving their industrial relations differences
•Conciliation Office hold conciliation conference
•solutions reached only by negotiation and agreements made by parties themselves/agree to settlement by conciliation officer
compliance/inspection service
(WRC)
•inspectors visit places of employment & investigate to ensure compliance with equality and employment related legislation
•eg examine books, records, documents related to employment, conduct interviews with former and current employees
•if breach found, compliance notice or fixed payment notice
mediation service
(WRC)
•mediation seems to reach solution through agreement, rather through investigation or hearing or formal decision
•Mediation Officer empower parties to negotiate & reach own agreement
•successful= mediation officer record terms of agreement in writing, parties sign record
•unsuccessful= complaint/dispute referee for adjudication by AO
trade union
•an organization of employees that promotes and protect the interests of its members in issues like wages and working conditions, especially through negotiations with employers
•employees pay a subscription to be a member & the TU aim to protect and improve pay and conditions for their members
negotiation
•both parties sit down and talk until they reach a mutually acceptable agreement
•both parties can compromise or use counter arguments to reach a middle ground
conciliation
•neutral and impartial third party assists parties in reaching their own agreement
•may offer a suggestion for parties to consider to resolve the conflict but the parties agree on a solution themselves
arbitration
•indépendant, neutral and impartial 3rd party can listen to both sides of dispute and make recommendation
•normally parties agree in advance to accept the recommendation
•arbitration can be binding or non binding
role of WRC in resolving cases of discrimination
•mediation- can investigate by appointing Equality Mediation Officers who deal with case in conciliatory manner. Equality Mediator facilitates both parties to reach mutually acceptable agreement
•adjudication- if mediation unsuccessful, can request case be brought to investigation by AO. AO hears case and make legally binding decision
discrimination
if a person is treated in a less favorable way than another person is, has been or would be treated in a comparable situation on any of the nine grounds
price display regulations
(Consumer Protection Act 2007)
•prices of certain products must be displayed inclusive of charge, fees and taxes
•Minister for Enterprise, Trade and Employment has power to make regulations around how prices are displayed. Eg prices of certain products must be displayed inclusive of charge, fees and taxes
providing misleading, false or inaccurate information
(Consumer Protection Act 2007)
•protects consumers from misleading, aggressive or prohibited practices.
misleading practice
•involves providing false, misleading and deceptive info
•banned if they’d likely to impair average consumers ability to make informed decision and make decision they wouldn’t otherwise make
Aggressive practices
•such as harassment, coercion, exercising undue influence
•eg. pressurizing, intimidating and taking advantage of vulnerable customers
•funeral home pressuring family of deceased to buy more expensive coffin
prohibited practices
•commercial practice misleading if include false info about
•existence/nature of product (award winning)
•usage and prior history (second hand)
•price, how price was calculator or the existence and nature of specific price advantage
•main characteristics of product, including its availability at a particular time, place, or price
•existence, extent or nature of any stories or sponsorship
enforcement of Consumer Protection Act 2007
•allows CCPC to take enforcement action against reader who fails to comply with consumer law
•(outline ccpc functions)
role of Office of the Ombudsman
•types of claim- can investigate complaint if u believe public service body give u wrong info/complaint not dealt with properly
•last resort- only investigate if all other procedural routes tried
types of investigation- investigate decision u think is unfair, been delayed or reason for decision hasn’t been properly explained to u
recommendations (ombudsman)
can only make recommendations. decisions aren’t legal binding
formal investigation (ombudsman)
•draft statement of complain in consultation with you. investigation carried out in private and usually in writing
•may demand any info, files or documents to help carry out investigation
•at end of investigation process, ombudsman must inform u abt deciison
types of official industrial action
•official strike
•work to rule
•overtime ban
•token stoppage
official strike
•employees refuse to enter workplace/perform work duties. involves a secret ballot, proper notification to employer and sanction by ICTU
•union members in strike hold a picket outside workplace
work to rule
•employees only undertake exact jobs written in job desc/contract of employment
•workers follow the rules of their employment contracts to the ‘letter of the law’
overtime ban
•employers refuse to work extra hours
•can cause minor disruption, leading to lost orders, sales, esp at peak trading times
•eg employees in airline refuse to do overtime during holiday period
token stoppage
•brief stoppage of work by workers to highlight their frustration over an issue
•highlights the intention to carry the threat of further, more serious action if agreement isn’t reached
constructive dismissal
•occurs when employees position is made so difficult they feel they have no option but to resign
•burden of proof falls to employee to show their resignation was justified & can result in same entitlements as unfairly dismissed employee
procedures for dismissal
•counseling
•formal verbal warning
•first written warning
•employees right of appeal
•employer duties/responsibilities
counseling
•give by supervisor and recorded on employers personal record
•employer outlines what employee needs to do to rectify the situation and employee is made aware of consequences
formal verbal warning
•employer inform employee of reasons for possible dismissal. evidence must be presented and this is given in the presence of the employees representative
•employee chance to répond & warning recorded on employees personal record
first written warning
•no change, then formal written warning. copy given to employees rep
•may be follows by a final written warning, suspension without pay, transfer to another task, etc
employed right of appeal
•employees had right to faire & impartial determination of issues concerned, taking into account abt representations made by/on behalf of employee and any other relevant appropriate evidence, factors or circumstances
employer duties/responsibilities
•employer must recognize the employees right to representation at a hearing into the dismissal and hearing itself must be impartial
causes of ir disputes
•pay
•working conditions
•redundancies
pay
(causes of ir disputes)
•workers may launch a variety of different pay/pension claims
•eg cost of living claim, comparability claim, relativity claim
•if employer rejects or resists these pay claims it could lead to ir disputes
working conditions
(causes of ir disputes)
•safety is a fundamental need for employees
•failure by management to provide safe working conditions or safe equipment may lead to ir disputes
•changes to working conditions may also cause a dispute
redundancies
(causes of ir disputes)
•if workers feel that unfair procedures for selection are being used or if redundancy payments are not adequate
•eg employers may wish to “cherry pick” employees for redundancy while a trade union representing the employees may prefer a LIFO system
adjudication service
•parties given chance to be heard by AO and present any evidence in relation to the complaint
•AO won’t attempt to mediate or conciliate the case
•AO decide the matter & give a written decision in relation to complaint
•this may declare whether the complaint was/n’t well founded, req the employer to comply with relevant provisions or req the employer to make such redress as is just
•can appeal to LC from a decision of a AO
