industrial relations Flashcards

1
Q

industrial relations

A

relationship between employer and employee

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2
Q

causes of bad ID

A

low pay
poor working conditions
redundancies
promotions

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3
Q

non legislative methods of solving conflict

A

negotiation
conciliation
arbitration

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4
Q

legislative methods of solving conflict

A
industrial relations act 1990
work place relations commission
labour court
unfair dismissals act 1977/2007
employment equality act 1998-2015
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5
Q

trade dispute

A

dispute between an employer and employee in connection with the employment and terms and conditions of the job

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6
Q

legitimate trade disputes

A

pay and conditions of employment
dismissal or suspension
employer refuses to recognise a union
discrimination

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7
Q

illegal trade dispute

A

political issues (can’t leave to protest against gov)
closed shop agreements
disagreement on how business is run

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8
Q

primary picketing

A

peaceful protest outside business
no intimidation/obstruction
aim: draw attention, public sympathy

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9
Q

secondary picketing

A

protest outside another employer’s business

illegal unless the employer is helping their boss break their strike

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10
Q

immunity

A

cannot sue employees for damages caused by strike

cannot go to court to stop strike

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11
Q

WRC

A
workplace relations commission
functions:
-conciliation service
-industrial relations advisory service
-draws up codes of practice
-adjudication service
-mediation service
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12
Q

WRC conciliation service

A

industrial relations officer holds a conciliation conference
acts as a facilitator and offers advice/guidance
has no power to tell what to do but helps negotiate and talk
free, majority solved here

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13
Q

WRC advisory service

A

non dispute situations
advises on how to behave in workplace to develop good ID
review their procedures and how to improve
free, useful in preventing disputes

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14
Q

WRC codes of practice

A

accepted rules designed to minimise problems in the workplace

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15
Q

WRC adjudication service

A

director of WRC refers a complaint to this
deals with: unfair dismissal, maternity leave, discrimination
private hearing - questioned - bring witnesses- gives judgement
has power to order compensation
can be appealed in labour court

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16
Q

WRC mediation service

A

solves interpersonal disputes, between two employees

meets with both sides to reach an agreement

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17
Q

labour court

A

free service to solve ID disputes
not a court of law
last resort
not legally binding unless in breach of employment equality act or unfair dismissals act

18
Q

labour court functions

A
  • gives opinion on correct way to follow WRC codes of practice, investigates breaches of code
  • registers collective agreements, making them legally binding
  • establishes joint labour committees, make t&cs of their sectors legally binding
19
Q

conciliation

A

two parties in a dispute ask a neutral independent outsider to help solve their problems
encourages both sides to talk
mutually accepted agreement
not legally binding

20
Q

arbitration

A

two parties in a dispute ask a neutral independent outsider to investigate their dispute and make a ruling
decide in advance if going to accept
legally binding must obey

21
Q

negotiation

A

bargaining to reach a mutually accepted solution
both parties agree to a deal - collective agreement
not legally binding until registered

22
Q

trade union

A

indirect negotiation
interest group that represents employees views and interests
pay annual fee to join
eg SIPTU

23
Q

SIPTU

A

services, industrial, professional, technical union

24
Q

functions of TU

A

fight for better pay/working conditions
fight on employees behalf in disputes
publicise workers cause eg strike
protects members interests

25
Q

shop stewards

A

elected by union members to represent them

  • recruit new members
  • represent members in negotiation with management
  • pass on info from head office
  • inform union of members concerns
26
Q

ICTU

A
irish congress of trade unions
represent nearly all TUs in Ireland
-give permission for all out strike
-settle disputes between TUs
-provide training to TUs
-promote cause of TU movement
27
Q

unfair dismissals act 1977/2007

A
every sacking is illegal unless employer can prove its fair
fair:
incapable of doing job
incompetent
misconduct
redundancies
unfair:
pregnancy
union activity
beliefs
race
age
28
Q

procedure for dismissal

A

counselling - advice on how to improve, consequences if don’t
formal verbal warning - recorded, why might be dismissed
written warning - copy sent to shop steward
employees right to appeal

29
Q

redress for unfair dismissal

A

-reinstatement
treated as if never left job
full pay from time being sacked (back pay)
entitled to pay rise if would’ve happened before
-re-engagement
job is given back
no back pay
if they contributed but didn’t deserve dismissal
-compensation
paid by employer for financial loss while being sacked max 2yrs pay

30
Q

constructive dismissal

A

employee resigns due to employers conduct towards them
makes their working there miserable
illegal
employee must prove it

31
Q

employee equality act 1998-2015

A

prohibits discrimination at work based on:

-gender, age, race, sexuality, disability, religious beliefs, civil status, family status, travelling community

32
Q

discrimination

A

treating one person more favourably than another in a similar situation

33
Q

types of discrimination

A

direct
indirect
by association
by imputation

34
Q

direct discrimination

A

someone is treated worse than another based on who they are

or manager tells employee to do this

35
Q

indirect discrimination

A

due to requirements which some would find harder than others to fulfil
unless manager can show why its necessary

36
Q

discrimination by association

A

due to who they know/ are connected to

eg brother is gay

37
Q

discrimination by imputation

A

due to being part of one of the nine reasons

eg traveller not being allowed handle money

38
Q

conditions of equality act

A
  • illegal to discriminate when hiring/training/promoting
  • illegal to publish/display an ad which asks for/not group to apply eg only men
  • equal pay for equal work
  • positive action is allowed to promote equal opportunities eg childcare
  • harassment/sexual harassment illegal
39
Q

legal types of industrial action

A

official strike
-after secret ballot and weeks notice, paid strike pay by union
work to rule
-carry out basic work as per contract, completely inflexible and refuse to do any extra, slows production
overtime ban

40
Q

illegal types of industrial action

A
unofficial strike
wildcat strike
-walk out of work while on the job
political strike
sympathetic strike