industrial relations Flashcards
industrial relations
relationship between employer and employee
causes of bad ID
low pay
poor working conditions
redundancies
promotions
non legislative methods of solving conflict
negotiation
conciliation
arbitration
legislative methods of solving conflict
industrial relations act 1990 work place relations commission labour court unfair dismissals act 1977/2007 employment equality act 1998-2015
trade dispute
dispute between an employer and employee in connection with the employment and terms and conditions of the job
legitimate trade disputes
pay and conditions of employment
dismissal or suspension
employer refuses to recognise a union
discrimination
illegal trade dispute
political issues (can’t leave to protest against gov)
closed shop agreements
disagreement on how business is run
primary picketing
peaceful protest outside business
no intimidation/obstruction
aim: draw attention, public sympathy
secondary picketing
protest outside another employer’s business
illegal unless the employer is helping their boss break their strike
immunity
cannot sue employees for damages caused by strike
cannot go to court to stop strike
WRC
workplace relations commission functions: -conciliation service -industrial relations advisory service -draws up codes of practice -adjudication service -mediation service
WRC conciliation service
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
WRC advisory service
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
WRC codes of practice
accepted rules designed to minimise problems in the workplace
WRC adjudication service
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
WRC mediation service
solves interpersonal disputes, between two employees
meets with both sides to reach an agreement
labour court
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
labour court functions
- 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
conciliation
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
arbitration
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
negotiation
bargaining to reach a mutually accepted solution
both parties agree to a deal - collective agreement
not legally binding until registered
trade union
indirect negotiation
interest group that represents employees views and interests
pay annual fee to join
eg SIPTU
SIPTU
services, industrial, professional, technical union
functions of TU
fight for better pay/working conditions
fight on employees behalf in disputes
publicise workers cause eg strike
protects members interests
shop stewards
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
ICTU
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
unfair dismissals act 1977/2007
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
procedure for dismissal
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
redress for unfair dismissal
-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
constructive dismissal
employee resigns due to employers conduct towards them
makes their working there miserable
illegal
employee must prove it
employee equality act 1998-2015
prohibits discrimination at work based on:
-gender, age, race, sexuality, disability, religious beliefs, civil status, family status, travelling community
discrimination
treating one person more favourably than another in a similar situation
types of discrimination
direct
indirect
by association
by imputation
direct discrimination
someone is treated worse than another based on who they are
or manager tells employee to do this
indirect discrimination
due to requirements which some would find harder than others to fulfil
unless manager can show why its necessary
discrimination by association
due to who they know/ are connected to
eg brother is gay
discrimination by imputation
due to being part of one of the nine reasons
eg traveller not being allowed handle money
conditions of equality act
- 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
legal types of industrial action
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
illegal types of industrial action
unofficial strike wildcat strike -walk out of work while on the job political strike sympathetic strike
