ER

Question 1

unions 1871

Answer 1

legalised existence of trade unions but not activities

Question 1

core features of the ER

Answer 1

1) The “effort reward” bargain.
2) Asymmetrical Power
3) The commodity status of labour
4) Economic independence

Question 2

ER objectives

Answer 2

1)Efiiciency
2) Equity
3) Voice

Question 3

structured antagonism

Answer 3

Employers give autonomy - yet
simultaneously exercise control over employees who will be antagonistic to attempts to minimise their discretion.

Question 4

Organisation justice angles

Answer 4

1) Distributive justice (outcomes received)
2)Procedual justice (policies and procedures o determine outcomes)
3) Interactional justice
4) Informationnal justice

Question 5

Hard vs Soft HRM

Answer 5

Hard - efficient use of the labour aimed at reducing the cost
Soft - employee involvement, functional flexibility

Question 6

The Master and Servant Act 1867

Answer 6

Master is liable for the wrongful acts committed by his servant, provided the acts are committed during the course of employment

Question 7

The Employment (Miscellaneous Provisions) Act 2018

Answer 7

Onus on an employer to inform employees in writing, within five days of commencement of employment, of the at a minimum of the following five core terms :
 full name of the employer and employee;
 address of the employer;
 expected duration of the contract;
 rate or method of calculating pay;
 expectation of what the normal length of the employee’s working day and week will be.

Question 8

employee vs contractor

Answer 8

An employee is generally obliged to carry out the work personally. In contrast, an independent contractor may be able to substitute someone else to do the work.

Question 9

Contract types

Answer 9

1) Fixed-term
2) Specific purpose
3) Zero hours contracts

Question 10

The Payment of Wages (Amendment) (Tips and Gratuities) Act 2022

Answer 10

All employers must consult with employees regarding the
development of a policy in relation to how tips and gratuities
will be distributed or before any changes to the way tips and
gratuities are distributed can be made.

Question 11

Changing contracts of employment

Answer 11

 Contract provides for change
 Change by consent
 Union agreement
 Acceptance by conduct
 Change in law affects operation
 Unilateral change

Question 12

Termination of contract

Answer 12

Dismissal
Constructive dismissal
Resignation
Redundancy
Retirement
Term ends

Question 13

Key roles of the state

Answer 13

• Protection of citizens
• Protection of property rights
• Economic growth
• Business creation
• Attraction of investment

Question 14

market society

Answer 14

where the needs of
employers are prioritised

Question 15

State Approaches to Industrial Relations

Answer 15

1) Individual Liberalism (the market determines wages and conditions, trade unions weak and regulated, limited state intervention in IR)
2) Neo-corporatism (strong labour unions, employers’ associations and governments that cooperate as “social partners” to negotiate and manage a national economy)

Question 16

Precarious work

Answer 16

employment involving contractual insecurity, weakened employment
security for permanent workers and non-standard contractual forms
such as temporary agency, fixed-term, zero-hour and undeclared work

Question 17

Conflict classifying

Answer 17

Collective vs individual
Explicit vs implicit
between different actors ( interpersonal, intragroup, intergroup)

Question 18

Collective Expressions of Conflict

Answer 18

• Go Slow
• Work to Rule
• Overtime Ban
• Mass taking of sick leave - Employees all ‘call in’ sick at the same time
• Work in/Sit in
• Strike Action

Question 19

Substansive vs procedual agreements

Answer 19

procedural agreements are put into the company rule book which provides information on the overall terms and conditions of employment and codes of behaviour. Substantive rules refer to matters such as basic pay, overtime premiums, bonus arrangements, holiday entitlements, hours of work.

Question 20

The Industrial Relations Act 1990

Answer 20

to put in place an improved framework for the conduct of industrial relations and for the resolution of trade disputes (with) the overall aim … to maintain a stable and orderly industrial relations climate

Question 21

Provisions of Act division

Answer 21

1) Trade disputes
2) Trade union law
3) institutional provisions

Question 22

Trade Dispute Provisions Section 8

Answer 22

Defines an employer, a trade dispute, a trade union, a worker,
industrial action and a strike

Question 23

Trade Dispute Provisions Section 9

Answer 23

individual action
* Withdraws immunities from any form of industrial action in individual disputes that are in breach of agreed procedures

Question 24

Trade Dispute Provisions Section 11

Answer 24

Picketing (розміщення плакатів)

Question 25

Trade Dispute Provisions Section 12 and 13

Answer 25

Unions now immune from being sued in tort Only where the trade unions are acting
‘in contemplation or furtherance of a trade dispute’ (The Golden Formula).

Question 26

Trade Dispute Provisions Section 14

Answer 26

Balloting provisions
Ballots must be conducted in the event of any industrial action.
* Immunities withdrawn where majority vote against action in a secret ballot

Question 27

Collective Voice and Non-Union management Control Practices

Answer 27

• Fear stuff - Employee intimidation, managerial reprisals for union activity
• Sweet stuff - Union substitution: alternative voice mechanisms
• Evil stuff - Unions regarded as harmful and destructive
• Fatal stuff - Complete refusal to deal with unions

Question 28

Mutual Gains and Partnership Approach to ER

Answer 28

Requires three things;
1. a set of principles - the values, prescribing appropriate forms of behaviour and practice
2. a set of practices - real participation by employees/representatives in decisions
about work and/or the organisation
3. a promise of benefits - an improved climate of employee relations, better
organisational performance

Question 29

Deaf Ear Syndrome

Answer 29

Occurs where an employer ignores or disregards any employee generated information
that does not fit with the employer’s way of thinking.

Question 30

Conflict levels

Answer 30

• Complaint
• Grievance: complaint is presented formally & triggers procedural machinery.
• Dispute: when a grievance is not resolved at domestic level & is referred to an
  external procedure….may involve a shop steward or fulltime official

Question 31

Code of Practice

Answer 31

Section 42 of the Industrial Relations Act 1990 provides for the preparation of Codes
of Practice on Grievance and Discipline by Workplace Relations Commission
* Recommended for use in organisations, but not mandatory

Question 32

Whistleblowing

Answer 32

is the activity of a person, often an employee, revealing information about activity within a private or public organization that is deemed illegal, immoral, illicit, unsafe or fraudulent.

Question 33

Protected Disclosures Act 2014

Answer 33

protects whistleblowers

Question 34

Rules of Natural Justice and Discipline

Answer 34

• Disciplinary rules
• Details
• Representation
• Time
• Evidence and counter
• Mitigating factors
• Proportionality

Question 35

Grounds for Justified Dismissal

Answer 35

• Capability
• Competence
• Conduct
• Redundancy
• Contravention of another statutory requirement
• Other substantial grounds

Question 36

Constructive Dismissal

Answer 36

Employee terminates his/her own employment because of the employer’s
unreasonable conduct

Question 37

9 grounds of discrimination

Answer 37

 gender,
 civil status,
 family status,
 sexual orientation,
 religious belief,
 age,
 disability,
 race,
 Ethnicity i.e membership of travelling community

Question 38

How the Labour Court deals with disputes

Answer 38

• Referral
• Arrange date of hearing
• Parties make written submissions
• Hearing
• Issue of Recommendation/Determination/Decision/Order

Question 39

The balance of power between an employing organisation and an employee favours

Answer 39

depends on circumstances but mostly employer

Question 40

What did the Combinations (or Anti-Combinations) Acts 1799-1800 do?

Answer 40

Made membership of a trade union subject to a criminal penalty of 6 months in
jail in Ireland and 3 months in England

Question 41

TERMINATION: MINIMUM NOTICE BY EMPLOYER

Answer 41

13 weeks – 2 years 1 weeks notice
2 – 5 years 2 weeks notice
5-10 years 4 weeks notice
10 – 15 years 6 weeks notice
More than 15 years 8 weeks notice

Question 42

Trade unions in Ireland must register with which body

Answer 42

The registrar of friendly societies