Industrial Relations Flashcards
What are the factors leading to industrial disputes?
Disputes over pay; changes to working conditions; redundancy; new technology; demarcation issues; trade union recognition; unfair dismissal; discrimination.
What types of pay claims can employees make?
Cost of living (inflation); comparability; productivity; relativity.
What are non-legislative solutions to industrial disputes?
Meet and talk; negotiation; conciliation; arbitration.
What does ‘meet and talk’ involve?
Discuss, clarify, communicate issues around dispute.
What is negotiation in the context of industrial disputes?
Offers, counter-offers, compromise to reach a solution.
What is conciliation?
Unbiased third party encourages parties to listen to each other.
What is arbitration?
Unbiased third party listens to parties then offers a solution.
What is the Industrial Relations Act 1990?
It covers trade disputes, employment or non-employment of a worker/discrimination.
What is required for a secret ballot under the Industrial Relations Act 1990?
Confidential vote, majority needed, seven days’ notice to employer.
What is primary picketing?
Peaceful protests outside workplace with placards.
What is secondary picketing?
Protests outside another workplace frustrating resolution.
What is immunity in the context of industrial action?
If action is official/sanctioned, employer cannot sue employees.
What types of industrial action are legal?
Official strike; work-to-rule; overtime ban; token stoppage.
What is an official strike?
Employees do not enter their workplace and do not do any work.
What is work-to-rule?
Do exact jobs written in their contract, without any flexibility.
What is an overtime ban?
Workers refuse to work extra hours outside contract hours.
What is a token stoppage?
Brief stoppage of work, carries threat of further action.
What does the Unfair Dismissals Act 1977-2015 cover?
Fair dismissal, steps for dismissal, unfair dismissal, redress for unfair dismissal.
What are the steps for dismissal under the Unfair Dismissals Act?
- Counselling; 2. Formal verbal warning; 3. Written warning; 4. Inform of dismissal in writing; 5. Offer right of appeal.
What constitutes unfair dismissal?
Steps not followed; insufficient evidence; discrimination; constructive dismissal.
What are the redress options for unfair dismissal?
Reinstatement; re-engagement; compensation (up to two years’ pay).
What does the Employment Equality Act 1998-2015 address?
Employment discrimination and illegal advertising.
What are the steps to take if facing employment discrimination?
Talk it out; 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.
