industrial relations Flashcards
What are factors leading to industrial disputes?
Disputes over pay, changes to working conditions, redundancy, new technology, demarcation issues, trade union recognition, unfair dismissals, discrimination.
What types of pay claims can employees make?
Cost of living (inflation), comparability, productivity, relativity.
What is a non-legislative solution of ‘meet and talk’?
Discuss, clarify, and communicate issues around the dispute.
What is a non-legislative solution of ‘negotiation’?
Offers, counter-offers, and compromises to reach a solution.
What is a non-legislative solution of ‘conciliation’?
A third party encourages parties to listen to each other.
What is a non-legislative solution of ‘arbitration’?
An unbiased third party listens to parties and then offers a solution.
What does the Industrial Relations Act 1990 cover in terms of trade disputes?
Disputes about the employment or non-employment of a worker or discrimination.
What notice is required before striking under the Industrial Relations Act 1990?
A secret ballot and one week’s notice.
What is primary picketing?
Peaceful protests outside the workplace with placards.
What is secondary picketing?
Picketing another workplace frustrating the resolution of the dispute.
What types of industrial action are legal?
Official and sanctioned actions; employees cannot sue.
What is work-to-rule industrial action?
Employees do exact jobs written in their contracts and no more.
What is an overtime ban?
Workers refuse to work extra hours outside of contract hours.
What is a token stoppage?
A brief stoppage of work that carries the threat of further action.
What are the grounds for fair dismissal under the Unfair Dismissals Act 1977–2015?
Incapable, incompetent, qualifications, misconduct, redundancies, or contravening the law.
What are the steps for dismissal under the Unfair Dismissals Act 1977–2015?
- Counselling; 2. Formal verbal warning; 3. Written warning; 4. Inform of dismissal in writing; 5. Offer right of appeal.
What are grounds for unfair dismissal under the Unfair Dismissals Act 1977–2015?
Steps not followed, insufficient evidence, discrimination, or constructive dismissal.
What redress is available for unfair dismissal?
Reinstatement, re-engagement, or compensation (up to two years’ pay).
What is employment discrimination under the Employment Equality Act 1998–2015?
Being treated in a less favorable way than another person (nine grounds).
What is illegal advertising under the Employment Equality Act 1998–2015?
Advertising that is discriminatory, such as ‘young staff wanted.’
What steps can employees take under the Employment Equality Act 1998–2015?
Talk it out, consult a third party, use WRC (conciliation/advice), WRC adjudication.
What services does the Workplace Relations Commission (WRC) provide?
Advisory service, conciliation service, mediation service, adjudication services, inspection services.
What is the role of the Labour Court?
Investigates complaints as a court of last resort, arbitration, codes of practice, registers agreements.