Industrial Relations Flashcards

Question

What is a relativity claim in terms of pay disputes?

Answer 1

-Relativity claim- certain types of jobs have been historically linked together. If one profession in the public sector receives a pay increase, other professionals might ask for increases in line with them. E.g. Nurse’s pay was increased in 2019 by the labour court, other public sector workers( Gardai, prison officers, ambulance drivers) may demand more pay.

Answer 2

.Cost of living- employees argue that it is more expensive to live in cities, and therefore they need to be paid more to maintain their standard of living. E.g. the trade union Mandate negotiated a 3% increase for Dunnes Stores employees in 2018

Answer 3

productivity claim- if the output an employee delivers or is expected to deliver increases, they might ask for additional pay to compensate them for increased productivity. eg E.g. part of the agreement for higher pay for the Irish Nurses and Midwives Organisation (INMO) in 2019 was that nurses and midwives would move certain types of work to a community support setting.

Answer 4

-Comparability claim- employees look at similar jobs in different sectors, to investigate increasing their own pay at a comparable level. E.g. Privately paid teachers can use public salaries as a comparison when negotiating their salaries.

Answer 5

- Meet and talk - Negotiation - Conciliation - Arbitration

Answer 6

This should be the first strategy in a conflict resolution process between employees and an employer. This means that the parties involved are not using any law or body set up under a law to resolve the conflict.

Answer 7

Meet and Talk- this involves a meeting between the employee and their employer to try to discuss the situation and clarify any difficulties. The HRM or shop steward will provide assistance if needed.

Answer 8

The parties involved in the dispute will communicate directly with each other to try to reach an agreement. Both parties bargain with each to discover common ground and reach agreement to settle a matter of mutual concern. A compromise is reached that both parties find acceptable.

Answer 9

It is a voluntary process in which a professional facilitates employers and employees (and/or their representatives) to resolve workplace issues when their own efforts have not succeeded. They are unbiased and facilitate discussions between parties to help resolve the issues.

Answer 10

It is a formal way of resolving a dispute in which the different sides present their case to an independent third person – the arbitrator. The arbitrator hears the opposing cases and issues a recommendation for a resolution. A decision reached by an arbitrator is legally binding and can be enforced through the courts.

Answer 11

The benefit of using an arbitration service is that it is a faster and cheaper way of resolving conflict than going through the court system.

Answer 12

it sets out rules around industrial disputes ad action and provides information on: Trade disputes Secret ballots Primary and Secondary picketing Immunity

Answer 13

A secret ballot must be held, where union members vote confidentially on whether they are in favour of taking action or not. If the majority vote to take action, they go on strike.

Answer 14

Employers must be given 7 days notice of the strike. This gives both parties the opportunity to resolve the conflict before industrial action takes place.

Answer 15

Primary picketing- means that under the Act it is lawful for employees to walk up and down with placards outside their workplace, peacefully communicating information about the protest.

Answer 16

Secondary picketing- is the picketing of an employer other than the main employer involved in the dispute. The Act allows this is lawful if the second employer was frustrating the industrial action.

Answer 17

If workers go on an official strike as laid out in this Act, their employer cannot sue them for any losses that the business faces from a lack of sales arising from the action.

Answer 18

it must be legitimate trade dispute.

Answer 19

Employees cannot take industrial action over management decisions made for the business. Workers also cannot withdraw their labour in order to participate in a political strike against the Government.

Answer 20

-Work to rule -Overtime ban -Token stoppage -Official strike

Answer 21

Official strike- employees refuse to enter the workplace or perform their work duties. An official strike involves a secret ballot, proper notification to the employer and sanction by ICTU. The union members on strike hold a picket outside the workplace. E.g. SIPTU held 24 hr strikes at 38 hospitals over failure to grant pay increases to health care assistants etc.

Answer 22

When employees only undertake the exact jobs written in their job description or contract of employment. They only perform tasks that are outlined and do nothing more, this disrupts production. eg employees might not answer phones if it does not state that it is part of their contract.

Answer 23

Is where workers refuse to work extra hours outside of their normal contracted hours. This can lead to loss of sales for the business. E.g. in 2018 ambulance drivers put in an overtime ban as part of their industrial action over working conditions and trade union recognition.

Answer 24

Is a brief stoppage of work intended to carry the threat of further more serious action if an agreement is not reached. E.g. Bus drivers agree to pull onto the side of the road for one minute at a set time to show that they are unhappy with their employer.

Answer 25

Lightening strike- when workers go on strike without giving their employer ny notice. 'Wild cat strike' Political strike- it is illegal for workers to stop work in order for them to protest against the governemt.

Answer 26

Suppliers can experience a decrease in sales and profitability as the business is closed for a period of time. i.e. the business will order less/no raw materials during a period of industrial action such as a strike.

Answer 27

Consumers might be unable to buy goods and services due to industrial action. This is an inconvenience due to the loss of a service/ being unable to access products. The consumer might decide to buy the product from a competitor.

Answer 28

Dividends will potentially decrease for investors due to decreased profitability during industrial action. then they may also have problems with public relations causing its share price to fall.

Answer 29

industrial action can damage the business’s reputation and lead to decreased sales and profitability.

Answer 30

Decrease in tax revenue. The government will receive less tax revenue from PAYE as employees will not get paid and less VAT when a business is on strike a sless goods will be sold.

Answer 31

Is when one person is treated less favourably than another person has or would be treated in a similar way. All employees must be treated equal in relation to issues of pay, conditions, promotion or dismissal.

Answer 32

This act outlines what employment discrimination is

Answer 33

-Age -Gender -Religion -Member of the traveller community -Sexual orientation -Family status -Civil status -Disability -Race

Answer 34

Talk with employer Seek help from a third party Conciliation service- contact the WRC for advice on help to resolve the dispute. Adjudication service- the officer will hear both sides, evidence and gives a written decision to be followed.

Answer 35

Is an independent, statutory body that was established in 2015 under the 2015 act. It aims to promote the improvement of workplace relations, the maintenance of good relations and compliance with relevant employment legislation.

Answer 36

Workplace relations Commission

Answer 37

-Advisory service -Conciliation service -Mediation service - Adjudication services -inspection services

Answer 38

Advisory service-it advises the government on employment legislation. They work closely with Trade unions, employees and employers principally in and on dispute situations. They promote and develop and implement best IR policies, procedures and practices.

Answer 39

Conciliation service- the IRO is appointed to chair the conciliation conference. This is a voluntary process in which the IRO facilities an impartial, timely and effective advice, that encourages both parties to listen to each other and reach an agreement.

Answer 40

Mediation service-a neutral third party helps the parties in a dispute achieve a voluntary resolution of a complaint or grievance. They resolve complaints such as employment rights legislation or workplace issues.

Answer 41

Adjudication service- an adjudication officer’s role is to ensure that both parties are giving a chance to be heard during the hearing and present any relevant evidence. Parties are free to represent themselves. Arbitration in the labour court will take place if one person appeals the written decision by the adjudication officer.

Answer 42

Inspection services- inspectors of the workplace relations commission are authorised to carry out inspectors to enforce employment legislation.

Answer 43

The labour court provides a free and impartial service to organisations in a dispute.

Answer 44

It Offers means of correcting injustice of wrongful dismissal

Answer 45

The labour court investigates complaints made under the industrial relations act 1990 that have not been resolved within the organisation and using external options such as the WRC. Registers agreements- the labour court registers employment agreements for employers and employees. These may need to be referred to again if conflict arose. Arbitration- the labour court is not a court of law. It operates as an industrial relations tribunal, hearing both sides in a case and then issuing a recommendation. This states the opinion of the court on the dispute and the terms on which it should be settled. Codes of practice- if there are complaints about a breach of the code of practice, the labour court investigates them under the IRA 1990. The court also offers advice on any interpretations of the codes of practice in place under this act.

Answer 46

-The employer did not follow the correct procedures before dismissing employees. E.G. did not give employees adequate formal warnings. -The employer does not have any evidence of misconduct, incompetency or any grounds of redundancy. Documentation and proof are required. E.g. CCTV is needed. -If an employee is discriminated against, for example if an employee becomes pregnant, joins a trade union. -In a case of constructive dismissal- eg when an employee is consistently harassed by the manager for problems in the business. The employee leaves as they feel they have no their option. -A change in job description that the employee is expected to carry out

Answer 47

Pregnancy/birth issues Member of traveller community. Unfair selection for redundancy Age Race/colour/sexual orientation Religious/political belief being A MEMEBER OF A PARTICULAR TRADE UNION taking PART IN TRADE UNION ACTIVITES

Answer 48

Employee is not directly sacked from their job, but feels forced to leave and decides to resign from their position. Often due to bullying or harassment. Employee can claim unfair dismissal despite not being dismissed. Employee has to provide their own evidence

Answer 49

-Reinstatement -Compensation -Re-engagement

Answer 50

Reinstatement- the employee is given their old job back. They are given the same title, pay and conditions and they are entitled to any pay or improved conditions that they would have received during the period of dismissal. They are also entitles to any money lost from the unfair dismissal.

Answer 51

If an employee has played a part in the reasons for their dismissal, but it is still deemed unfair. They may be reappointed in a similar job or position from the date of the successful appeal ut will not receive any money lost.

Answer 52

An employee can receive up to two years of pay for the financial loses due to their unfair dismissal

Answer 53

1. Give counselling 2. Formal verbal warning 3. Issue written warning 4. Inform employee of reasons for dismissal 5. Offer the right o appeal

Answer 54

All dismissals are presumed to be unfair unless the employer can prove otherwise. The burden of proof lies with the employer. The employer must show that there were substantial grounds for justifying the dismissal, e.g. misconduct such as theft or assault caught on CCTV.

Answer 55

Counselling (i.e. advice on how to improve) is given by supervisor and recorded on the employee’s personal record. The employer outlines what employee needs to do to rectify the situation. The employee is made aware of the consequences.

Answer 56

Formal verbal warning: The employer has to inform the employee of the reasons for the possible dismissal. The evidence for the dismissal must be made known to the employee. The employee is given the opportunity to respond fully to any such allegations or complaints. The warning is recorded on the employee’s personal record.

Answer 57

The employer should offer the right to appeal and the employee can then raise issues and then ensure that the appropriate steps were taken in their dismissal and that there is sufficient evidence for the dismissal.

Answer 58

4.Employee’s Right of appeal- the employee has the right to a fair and impartial determination of the issues concerned, taking into account any representations made by, or on behalf of, the employee and any other relevant or appropriate evidence, factors or circumstances.

Answer 59

First Written warning: If there is no change to the situation, a formal written warning follows the oral warning. A copy will be given to the employee’s representative. This may be followed by a final written warning, suspension without pay, transfer to another task, or section of the enterprise, demotion, some other appropriate disciplinary action short of dismissal and finally dismissal.

Answer 60

-Incompetence -Incapable -Misrepresentation of qualifications -Misconduct -Redundancies -Employment terms contravene the law

Answer 61

Incapability-this includes issues such as persistent lateness, and absenteeism either short-term or long-term. This may mean that an employee is not able to fulfil their contract properly. The employer will be expected to have documentary proof of this allegation, such as clocking-in records or documented absences on file that are not medically certified.

Answer 62

Gross misconduct is when an employee behaves unacceptably or acts improperly which may give rise to instant dismissal without notice or pay in lieu of notice. Examples of gross misconduct include assault, drunkenness, theft, bullying or serious breach of your employer's policies and practices.

Answer 63

In this case your employer needs to show that a redundancy situation exists as your job is no longer required and therefore the dismissal is fair. It can be that a business needs to reduce staff numbers in order to not close down.

Answer 64

The employee is unable to do their job through poor performance or not achieving the required standards that were laid out eg a car sales person not meeting their sales target six months in a row

Answer 65

One situation is where you misled your employer about qualifications you had when applying for the job. The other is where your employer made continued employment conditional upon your obtaining further qualifications and you failed to achieve this, having been given a reasonable opportunity to do so.

Answer 66

Your employer may dismiss you if your continued employment would contravene the law. example could be if an employee’s work visa expired/work permit.