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Industrial Relations Flashcards

1
Q

What are industrial relations?

A

Industrial relations refers to the quality of the relationship between employees and employers.

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2
Q

What are the benefits of industrial relations?

A

-Increased productivity
-Higher retention rates
-Lower absenteeism
-Improved employee motivation

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3
Q

How does good industrial relations increase employee motivation?

A

If employees feel they are listened to and get on with their employer. They will feel more appreciated and empowered.

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4
Q

How does good industrial relations lower employee absenteeism?

A

Stress and workplace conflict increase the number of sick days employees take. A good manager will investigate these issues and make sure staff are happier coming to work. If employees are happier coming work due to a good relationship they will take less days off.

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5
Q

How does good industrial relations increase productivity?

A

employees who have a positive relationship with their manager and colleagues are more likely to put in greater effort and want to work well with their colleagues.

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6
Q

How does good industrial relations create higher retention rates?

A

If a company has poor industrial relations, employees are more likely to leave and find a job elsewhere. The business will loose skilled and experienced staff and production disruptions. If staff have good IR then they will want to stay in the job.

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7
Q

What is a trade union?

A

A trade union is an organisation of employees that promotes and protects the interests of its members in issues such as wages and working conditions, especially through negotiations with employers.

Employees pay a subscription to be a union member

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8
Q

What are the benefits of people part of a trade union?

A

The trade union aim to protect and improve pay and conditions for their members.

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9
Q

Give three examples of a trade union

A

TUI- Teachers Union Ireland

Irish Congress of Trade Unions = single umbrella for trade union sin Ireland- represents a range of interests of its members

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10
Q

What do shop stewards do?

A

Keep union members up to date with the latest developments in the sector, including new membership services and benefits.
They are a vital link between the employer and a worker and can intervene to prevent minor issues from escalating.
They cannot issue industrial action.

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11
Q

What is a shop steward?

A

A shop steward is a worker and trade union member who has been elected by colleagues to represent them in the workplace.

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12
Q

What is collective bargaining?

A

Collective bargaining is 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

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13
Q

What is the minimum wage?

A

The lowest amount of money an employer can pay an employee per hour:
Under 18=€7.91
18=€9.04
19=€10.17
20 and above= €10.17

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14
Q

What are the factors leading to industrial action?

A

-Pay disputes
-Disputes over working conditions
-Redundancy
-Unfair dismissal
-Discrimination
-Trade union recognition
-New Technology

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15
Q

Why may pay cause industrial disputes?

A

Workers can launch one of the four pay claims eg cost of living is increasing due to inflation. If the employer rejects their claim it can lead to disputes.

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16
Q

Why may redundancy cause industrial disputes?

A

If an employer is seen to pick which employees they want to make redundant, rather than using a fair procedure, or system, conflict could easily arise.

A last in first out policy could solve this

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17
Q

Why may working conditions cause industrial disputes?

A

Failure by management to provide safe working conditions, proper safety equipment and adequate heating can lead to disputes.

E.g. ASTI took industrial action over changes to their duties made for the Junior Cycle reform

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18
Q

Why may new technology cause industrial disputes?

A

Workers might resist the introduction of new technology if they believe that the employer has not provided adequate training or financial reward for the increased productivity.

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19
Q

Why may demarcation issues cause industrial disputes?

A

Issues can arise if work is carried out by one employee that is part of a different worker’s contract.
Employees can become unhappy if other workers are carrying out duties that are assigned to them.
Conflict can arise if employees are asked to do work that is not in their contract.

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20
Q

Why may trade union recognition cause industrial disputes?

A

If a business does not recognise a trade union it can lead to disputes

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21
Q

Why may discrimination cause industrial disputes?

A

If an employer treats one person less favourably than another person

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21
Q

Why may unfair dismissal cause industrial disputes?

A

If an employee is dismissed unfairly, for example if they were late to work once, or if the employer has not taken the appropriate steps to dismiss the employee by giving proper warnings, it can lead to conflict.

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22
Q

What is an example of industrial disputes over pay?

A

There were disputes over higher pay for the Irish Nurses and Midwives Organisation (INMO) in 2019 between them and the Government over the restoration of ay cuts made during the recession

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23
Q

What are the four types of pay claims?

A

-Comparability claim
-Relativity claim
-Productivity claim
-Cost of living claim

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24
Q

What is a relativity claim in terms of pay disputes?

A

-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.

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25
Q

What is a cost of living claim in terms of pay disputes?

A

.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

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25
Q

What is a productivity claim in terms of pay disputes?

A

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.

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26
Q

What is a comparability claim in terms of pay disputes?

A

-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.

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27
Q

What are options for Non-Legislative action against disputes?

A
  • Meet and talk
  • Negotiation
  • Conciliation
  • Arbitration
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28
Q

What does non legislative action mean?

A

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.

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29
Q

What is involved in meet and talk to resolve industrial disputes?

A

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.

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30
Q

What is involved in negotiation to resolve industrial disputes?

A

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.

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31
Q

What is involved in conciliation to resolve industrial disputes?

A

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.

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32
Q

What is involved in arbitration to resolve industrial disputes?

A

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.

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33
Q

What is the benefit of using an arbitrator?

A

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.

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34
Q

What is the Industrial Relations act 1990?

A

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

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35
Q

What is a secret ballot

A

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.

36
Q

How many days should a employer be given before a strike?

A

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.

37
Q

What is primary picketing?

A

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.

38
Q

What is secondary picketing?

A

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.

39
Q

What is immunity in relation to the IR act 1990?

A

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.

40
Q

wHAT MAKES A STRIKE OFFICAIL?

A

it must be legitimate trade dispute.

41
Q

What can workers not do when striking?

A

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.

42
Q

what are the types of industrial actions that are legal?

A

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

43
Q

What is an official strike?

A

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.

44
Q

What is work to rule?

A

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.

45
Q

What is an overtime ban?

A

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.

46
Q

What is a token stoppage?

A

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.

47
Q

What are the two illegal forms of industrial action?

A

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.

48
Q

What is the impact of industrial action on consumers?

A
49
Q

What is the impact of industrial action on suppliers?

A

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.

50
Q

What is the impact of industrial action on consumers?

A

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.

51
Q

What is the impact of industrial action on investors?

A

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.

52
Q

What is the impact of industrial action on employers?

A

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

53
Q

What is the impact of industrial action on the government?

A

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.

54
Q

What is discrimination?

A

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.

55
Q

What is the Employment Equality Act 1998-2015?

A

This act outlines what employment discrimination is

56
Q

Under the Employment Equality Act 1998-2015 who and what is it illegal to discriminate against?

A

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

57
Q

How can you resolve Employment inequality?

A

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.

58
Q

What does the WRC do?

A

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.

59
Q

What does the WRC stand for ?

A

Workplace relations Commission

60
Q

What are the functions of the WRC?

A

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

61
Q

What is the WRC’s advisory service?

A

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.

62
Q

What is the WRC’s conciliation service?

A

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.

63
Q

What is the WRC’s mediation service?

A

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.

64
Q

What is the WRC’s adjudication service?

A

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.

65
Q

What is the WRC’s inspection service?

A

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

66
Q

What is the labour court?

A

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

67
Q

What is the Unfair Dismissals Act 1997-2007?

A

It Offers means of correcting injustice of wrongful dismissal

68
Q

What are the functions of the labour court?

A

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.

69
Q

In what cases would an employee have grounds to appeal a dismissal?

A

-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

70
Q

What are the reasons for unfair dismissal?

A

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

71
Q

What is constructive dismissal?

A

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

72
Q

What are the options for redress for unfair dismissal?

A

-Reinstatement
-Compensation
-Re-engagement

73
Q

What does reinstatement mean when it comes to redress for unfair dismissal?

A

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.

74
Q

What does re-engagement mean when it comes to redress for unfair dismissal?

A

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.

75
Q

What does compensation mean when it comes to redress for unfair dismissal?

A

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

76
Q

What are the steps an employer should take to dismiss an employee?

A
  1. Give counselling
  2. Formal verbal warning
  3. Issue written warning
  4. Inform employee of reasons for dismissal
  5. Offer the right o appeal
77
Q

Are dismissals presumed fair?

A

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.

78
Q

What would an employer do in the first stage of dismissing an employee?

A

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.

79
Q

What would an employer do in the second stage of dismissing an employee?

A

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.

80
Q

What would an employer do in the fifth stage of dismissing an employee?

A

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.

80
Q

What would an employer do in the four stage of dismissing an employee?

A

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.

80
Q

What would an employer do in the third stage of dismissing an employee?

A

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.

81
Q

What are the grounds for fair dismissal?

A

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

82
Q

What is meant by an employee being incapable?

A

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.

83
Q

What is meant by employee misconduct?

A

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.

84
Q

What is meant by an employee redundancies in fair grounds for dismissal?

A

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.

85
Q

What is meant by an employee being incompetent?

A

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

86
Q

What is meant by an employee misrepresentation of qualifications?

A

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.

87
Q

What is meant by employment terms contravene the law in the fair grounds for dismissal?

A

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.

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