Industrial Relations Conflict Flashcards
Explain Industrial relations
Industrial relations refers to the relationship between employers and employees. Industrial relations can be good or bad.
Give four causes of industrial relations conflict
- Low pay
- Poor working conditions
- Redundancies
- Promotions (those who did not get promoted get annoyed)
Give four reasons employees may claim a pay rise
Comparibility claim
Relativity Claim
Productivity Claim
Cost of Living Claim
Explain what a trade union is with an example
An interest group that represents employees views and interests. Employees pay an annual subscription fee to join a union
Ex: TUI (Teacher’s Union of Ireland)
Explain comparability claim
Employees asks for a pay rise because other employees doing similar work got one
Explain relativity Claim
In some cases the pay of certain employees is linked to that of other employees in a different industry eg TD’s and civil servants
Explain Productivity Claim
Increase in pay as a result of increased work or responsibility
Explain Cost of Living Claim
Pay rise because they can’t afford to live on their current wage.
Give four benefit of joining a trade union
Better pay and working conditions
Representation
Protects member’s interests
Publicity
Explain Better Pay and working conditions as a benefit of joining a trade union
Unions negotiate with employers on behalf of it’s members for improved wages and working conditions
Explain Representation as a benefit of joining a trade union
If an employee has a dispute with their employer the trade union will take up their case and represent them in talks
Explain protects members interests as a benefit of joining a trade union
Trade union fight to protect the rights of it’s members
Explain publicity as a benefit of joining a trade union
The trade Union will publicise the case of any dispute with employers and put the employee’s side forward.
Explain the shop steward and their functions
The spokesperson elected by employees as their official representative in the workplace. They:
Recruit new members
Represent members in negotiations in the workplace
Keep members informed of union news
Informs head office of member’s concern.
What does ICTU stand for
Irish Congress of Trade Unions
What is the ICTU (brief intro and definition)
The ICTU is an interest group representing almost all of the Trade Unions in Ireland. It is an ‘umbrella body’ which speaks on behalf of the majority of the Irish trade union movement.
Explain four functions of the ICTU
Give permission for all out strikes - If all workers in business want to strike
Settles dispute between unions- mediate in the dispute
Provides training to unions- train shop stewards and other officials in skills needed to run union right
Promotes the cause of the trade union movement. - puts forward arguments of workers -win public support, also makes submissions to Minister for finance to get something in budget for working people
Explain negotiation
Negotiation is the process of bargaining to try to reach a mutually acceptable solution to conflict.
First step is direct negotiations between employee and employer
Employee may be represented by Trade union and the employer by management.
Each side sets out it’s position, what they think is the problem and their ideal solution and they discuss to try to reach a compromise.
Collective agreement occurs when both sides agree on deal
Explain negotiation’s Collective agreement.
Collective agreement is when both parties agree on a deal but this deal is not legally binding.
Explain Conciliation
The two parties in a dispute ask a neutral independent outsider (conciliator) to help them solve their problem.
Conciliator encourages both sides to talk to reach a mutually acceptable, negotiated solution
Acts as a facilitator - offers advice in search of solution
Conciliator has no power to tell parties what to do.
Explain Arbitration
Employer and employee ask a neutral independent person (arbitrator) to investigate dispute and make a ruling to solve the problem
Arbitrator listens to both sides, investigates dispute and gives a judgement on how conflict should be solved
Employer and employee agree in advance to accept ruling or not.
Both sides must obey ruling if chosen to.
Explain binding arbitration
Accepting the arbitrators rule in advance
Give all of the provisions of the Industrial Relations Act 1990
Trade dispute Secret ballot and One week's notice Primary Picketing Secondary Picketing Immunity
Define a trade dispute under the provision trade dispute of the Industrial Relations Act 1990
A dispute between an employer and employee in connection with the employment or non- employment of employees and the conditions of the job
Give five legitimate trade disputes under the provision trade dispute of the Industrial Relations Act 1990
Pay and conditions of employment Dismissal or suspension of employee Employer refusal to recognise a union Discrimination Duties required of employees
Give three illegal trade disputes under the provision trade dispute of the Industrial Relations Act 1990
Disputes over ‘closed shop’ agreements- one union to join
Political issues
Disputes over how the business should be run.
Explain Secret Ballot and one week’s notice as a provision of the industrial relations act 1990
Before going on strike, Trade Unions and employees must:
Hold a secret ballot which results in a majority vote.
Give the employer one week’s notice of the strike
Secret ballot ensures employees are not intimidated to vote
Get permission from the ICTU
Explain Primary picketing as a provision of the industrial relations act 1990
Primary picketing involves the employees peacefully protesting outside their employers business premises walking around outside it. They may carry placards.
Explain secondary picketing as a provision of the industrial relations act 1990
Involves employers protesting outside another employers business premises. They can only do this if the other employer is helping their boss break the strike. If this is not the case it is illegal.
Explain Immunity as a provision of the industrial relations act 1990
If the correct procedures for a strike are followed employees cannot be sued by their employer for loss of earnings during a legitimate trade dispute. They cannot be arrested or moved by Gardaí either when picketing peacefully and legitimately
What does WRC stand for
Workplace relations commission
Name five functions of the WRC
Provides a conciliation service
Provides an industrial relations advisory service
Draws up codes of practice on industrial relations issues
Provides and adjudication service
Provides a mediation service
Explain the Labour Court and what it is.
Provides a free service to solve industrial relations issues. It is an industrial relations tribunal not court of law. Known as the ‘court of last resort’
Labour court recommendations are not legally binding unless in cases of breaching Employment Equality Act 1998-2005 or Unfair Dismissals Act 1977/2007
Give five functions of the labour court
Investigates Industrial relations disputes
Hears appeals
Interprets WRC’S codes of practice
Registers Collective agreements
Establishes Joint Labour Committees (JLC)
Explain and evaluate investigates industrial relations disputes as a function of the Labour Court
Hears disputes not solved by the WRC.
Before hearing both sides submit written submission outlining their case. Holds a formal hearing where both sides present their case.
Issues a recommendation to solve the dispute- this is not binding on either party
Evaluation: Voluntary nature of the Labour Court (not legally binding) Encourages disputing employers to avail of it’s services. Free, expert advice to aid solving dispute
Explain and evaluate Hears appeals disputes as a function of the Labour Court
Hears appeals against decisions made by an adjudication officer
Listens to all the evidence again and makes a legally binding judgement on the matter.
Evaluation: Its rulings on these cases such as discrimination and unfair dismissals are legally binding and solve the problem for good.
Explain and evalutae Interprets WRC’S codes of practice disputes as a function of the Labour Court
Gives it's opinion on the correct way to interpret WRC codes of good practice Investigates any breach of the WRC codes of practice Evaluation: Ensure Industrial relations in Ireland meet world class standards. hold employers and employees to the best industrial relations practices
Explain and Evaluate Registers Collective agreements disputes as a function of the Labour Court
Register’s collective agreements made between employers and employees
This makes them legally binding on both sides
If either side breaches agreement it is investigated and a legally binding decision is made on the issue
Evaluation: Confidence for employees/employers agreement cannot be broken once it’s been registered
Explain and evaluate Establishes Joint Labour Committees (JLC) disputes as a function of the Labour Court
A JLC is a committee of representatives of employers and employees in a particular industry sector.
Meet regularly to discuss and agree terms and conditions to apply to a specific sector
The Labour Court then make an employment regulation order to make these terms legally binding
Evaluation: Helps employers and employees maintain good industrial relations by providing a way to agree pay and conditions for that sector
What is the unfair dismissals act 1977/2007
Protects employees from being unfairly dismissed from their jobs. States every sacking is unfair unless proved otherwise. Burden of proof lies with the employer
Only applies to employees with one years continuous service (except with maternity, paternity, carer leave or TU membership).
Law does not apply to under 16s or persons over retirement age.
Name five reasons for fair dismissal under the unfair dismissals act 1977/2007
Incapable of doing job Not qualified to do the job Incompetent Misconduct Redundancies
Name and expand where necessary eight reasons for unfair dismissal under the unfair dismissals act 1977/2007
Pregnancy-also because of matter related to pregnancy- birth, breastfeeding, ante-natal classes or maternity leave
Union activities - is in or about to join a trade union. or engaging in Trade union activities in or outside of work
Religious/political beliefs
Race - because of colour or skin or ethnic background
Age- providing between 16 and normal retirement age
Suing your boss - suring employer or witness in a case against employer
Membership of a traveling community
Sexuality
What is the procedure to be followed before dismissing an employee under the unfair dismissals act 1977/2007
Counselling/Advice/Support- advice on how to improve
Formal verbal warning-speak to employee outline reasons for possible dismissal and evidence. To be recorded on employees record
Formal written warning- outline reasons for possible dismissal and evidence. copy sent also to employees representative
Employee’s right to an appeal Hearing- right to be represented at fair and impartial hearing
Give three forms of redress for unfair dismissal
Re-instatement
Re-engagement
Compensation
Explain Re-instatement as a form of redress for unfair dismissal
Employee is treated as if they were never sacked
given their old job back with exactly the same pay and conditions as before
Entitled to full back pay and any improvements in pay and conditions since they were unfairly dismissed.
Explain Re-engagement as a form of redress for unfair dismissal
Given their old job back but only from a certain date
Not entitled to back pay usually as a remedy when an employee contributed to their dismissal but it was still unfair dismissal.
Explain Compensation as a form of redress for unfair dismissal
Paid amount of money by their former employer for the financial loss suffered
No compensation is awarded for stress or injury
Maximum compensation is 2 years pay
Explain constructive dismissal under the unfair dismissals act 1977/2007
Where an employee resigns from their job because of their employer’s conduct towards them.
The employer deliberately makes their life miserable that they are forced to leave the job
It is illegal but the burden of proof lies with the employee
What is discrimination defined as under the employment equality act 1998-2015
Discrimination is defined as treating one person less favorably than another person in a similar situation because of who they are
Name the nine grounds discrimination is illegal under in the Employment equality act 1998-2015
Gender Civil Status Age Family Status Disability Race Sexuality Religious beliefs Membership of the travelling community
Give the four types of discrimination banned by the employment equality Act 1998-2015
Direct discrimination
Indirect discrimination
Discrimination by association
Discrimination by imputation
Give five provisions of the Employment Equality Act 1998-2015 excluding the nine grounds of discrimination, definition of discrimination and the four types of discrimination
Illegal for employers to discriminate when hiring training and promoting employees and in conditions of employment
Legal requirement- Equal pay for equal work- it is a term of contract of employment, similar work same pay.
Illegal to publish advertisement that discriminates against group of people/shows they are less welcome
Positive action is allowed to promote equal opportunities- steps not required by law to promote equality for workers. ex: Childcare facility on site
Harassment/sexual harassment at work is illegal
Explain how a case is investigated when there is a breach of the employment equality act 1998-2015
An employee Can take a case of discrimination to an Adjudication officer at the WRC within 6 months of discrimination. Private hearing is held and Officer considers evidence, makes a judgement. This decision can be appealed to the Labour Court.
What are the remedies of the employment equality act 1998-2015
In equal pay claims- equal pay in future and back pay and compensation for the discrimination
If an employee- 2years pay or €40,000 if not an employee up to €13,000
Name three legal forms of industrial action
official strike
work to rule
overtime ban
Name four illegal forms of industrial action
unofficial strike
wildcat strike
political strike
sympathetic strike
Explain an official strike
Employees hold a secret vote with majority in favour of striking so employer is given seven days notice. Union tells employees to stop working and pays them strike pay. Employees may picket outside their employer’s premises to gain publicity for their cause and to persuade customers not to enter the premises.
Explain work to rule
Employees carry out their work as per the employment contract. They do their basic job and nothing else. Completely inflexible and do not do any extras for their boss. This slows down production but they still get paid.
Explain overtime ban
Workers refuse to do any overtime, This is most effective to put pressure on business and employer when they’re busy.
Explain unofficial strike
This is when workers go on strike without having a secret vote and/or without giving their employer a week’s notice. The union does not recognise the sstrike.
Explain wildcat strike
Unofficial strike. Workers strike without any warning, they literally walk off the job. It is illegal
Explain political strike
Workers protest against the government by stopping work. Illegal. You are entitled to protest against the government but you cannot leave work to do so. It is fair to punish your employer for the governments works
Explain sympathetic strike
A group of workers not involved in the dispute go on strike to show their support for the disputing workers. Ex: Group of teachers strike to support striking nurses.
Explain and evaluate Conciliation Service as function of the WRC
Industrial relations officer helps disputing employers and employees sort their differences, encouraging them to talk and negotiate a solution. Acts as a facilitator and offers advice in search of solution but has no power.
Evaluation: Majority of cases referred for conciliation are solved by conciliation. It is free service.
Explain and evaluate Advisory service as function of the WRC
In non-dispute situations works to develop good industrial relations practices. Advises them on how to behave. Example: Will help them review their negotiation and communication procedures.
Evaluations: Provides independent, free, professional advice to employer and employee on how to get on better which prevents industrial disputes
Evaluate the Industrial Relations Act 1990
Protects Irish employees as it ensures:
They have legal right to protest against employer who will not give into their legitimate demands. Also can protest against a business who frustrates their strike.
All ballots are secret so employees cannot be bullied into striking against their will
Workers are immune to arrest and prosecution for going on strike provided correct procedure was followed. No fear of retribution
Name five legislative ways to solve an industrial dispute
Industrial Relations Act 1990 Workplace Relations Commission Labour Court Unfair Dismissals Act 1977/2007 Employment Equality Act 1998-2015
Explain and evaluate Draws up codes of practice as function of the WRC
Draws up codes of practice to be used in certain industrial relations situations. Generally accepted rules to minimize problems in employment intended to have strong moral authority. Ex: Code of good practice for bullying
Evaluation: Leads to better employer-employee relationship and thus fewer disputes
Explain and evaluate Adjudication Service as function of the WRC
WRC Can refer a complaint from employee to adjudication officer to solve. Can only deal with- Unfair dismissal, Maternity leave and Discrimination. There is a private hearing. Adjudication officer gives judgement in writing. Has the power to order employer to obey the law and pay compensation. appeal is to labour court.
Evaluation: Officer has the power to ensure employer cannot deny an employee’s legal rights.
Explain and evaluate mediation service as function of the WRC
Solving internal workplace disputes involving one worker or a group. Mediator meets with those involved and everyone gives their side of the story. Work together to reach a mutually acceptable solution.
Evaluation: Individuals directly concerned are involved in development of solution thus it is more likely to last long
Evaluate the Unfair dismissals Act
Good job at protecting employees because:
Employer has to prove they have a legitimate reason for sacking an employee and they cannot lose their livelihood for reasons such as employer not liking them
Any worker can take an unfair dismissals case to win back their job/compensation. Free service and burden of proof lies with the employer
Employees are protected from nasty bosses who bully them out of their job and are entitled to job/compensation
Explain direct discrimination
Someone is treated less favorably than others on purpose because of who they are. Same thing applies if a manager tells a worker to treat a worker less well than other people.
Explain indirect discrimination
Someone is treated less well than others because there are requirements which they find harder to fill. EX: Job advertisement ‘must be a certain height’
Explain Discrimination by association
Someone treated less well than other people because of who they are connected to. Ex harassed at work because they know someone in traveler community
Explain Discrimination by imputation
Someone is treated less favorably than other people because they are of one of the groups covered by the nine discriminatory grounds
Define Harassment under the Employment Equality Act 1998-2015
Any unwanted conduct related to any of the nine discriminatory grounds which has the effect of violating a person’s dignity and creating an intimidating, hostile, degrading or offensive environment for people
Evaluate the Employment Equality Act 1998-2015
Good job at protecting employees because:
Ensures they cannot be treated badly by prejudiced bosses. All workers must be treated equally.
Deliberately sets out the nine categories of person who have historically been victims of workplace discrimination This law attempt to right wrongs done to them encouraging their hiring and promotion in business
