crazam 3

Question 1

collective bargaining

Answer 1

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

Question 2

provisions of the Industrial Relations Act 1990

Answer 2

•trade disputes
•legitimate trade disputes
•Secret ballots
•primary picketing
•secondary picketing
•immunity

Question 3

trade dispute

Answer 3

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’

Question 4

services provided by WRC

Answer 4

•advisory service
•conciliation service
•compliance/inspection service
•mediation service
•adjudication service

Question 5

advisory service
(WRC)

Answer 5

•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

Question 6

conciliation service

Answer 6

•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

Question 7

compliance/inspection service
(WRC)

Answer 7

•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

Question 8

mediation service
(WRC)

Answer 8

•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

Question 9

trade union

Answer 9

•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

Question 10

negotiation

Answer 10

•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

Question 11

conciliation

Answer 11

•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

Question 12

arbitration

Answer 12

•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

Question 13

role of WRC in resolving cases of discrimination

Answer 13

•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

Question 14

discrimination

Answer 14

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

Question 15

price display regulations
(Consumer Protection Act 2007)

Answer 15

•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

Question 16

providing misleading, false or inaccurate information
(Consumer Protection Act 2007)

Answer 16

•protects consumers from misleading, aggressive or prohibited practices.

Question 17

misleading practice

Answer 17

•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

Question 18

Aggressive practices

Answer 18

•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

Question 19

prohibited practices

Answer 19

•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

Question 20

enforcement of Consumer Protection Act 2007

Answer 20

•allows CCPC to take enforcement action against reader who fails to comply with consumer law
•(outline ccpc functions)

Question 21

role of Office of the Ombudsman

Answer 21

•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

Question 22

recommendations (ombudsman)

Answer 22

can only make recommendations. decisions aren’t legal binding

Question 23

formal investigation (ombudsman)

Answer 23

•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

Question 24

types of official industrial action

Answer 24

•official strike
•work to rule
•overtime ban
•token stoppage

Question 25

official strike

Answer 25

•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

Question 26

work to rule

Answer 26

•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’

Question 27

overtime ban

Answer 27

•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

Question 28

token stoppage

Answer 28

•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

Question 29

constructive dismissal

Answer 29

•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

Question 30

procedures for dismissal

Answer 30

•counseling
•formal verbal warning
•first written warning
•employees right of appeal
•employer duties/responsibilities

Question 31

counseling

Answer 31

•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

Question 32

formal verbal warning

Answer 32

•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

Question 33

first written warning

Answer 33

•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

Question 34

employed right of appeal

Answer 34

•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

Question 35

employer duties/responsibilities

Answer 35

•employer must recognize the employees right to representation at a hearing into the dismissal and hearing itself must be impartial

Question 36

causes of ir disputes

Answer 36

•pay
•working conditions
•redundancies

Question 37

pay
(causes of ir disputes)

Answer 37

•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

Question 38

working conditions
(causes of ir disputes)

Answer 38

•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

Question 39

redundancies
(causes of ir disputes)

Answer 39

•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

Question 40

adjudication service

Answer 40

•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