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PM4064 > Industrial Relations Institutions > Flashcards

Industrial Relations Institutions Flashcards

1
Q

Who are actors in the industrial relationship (4)

A
  • Employers and reps
  • Employees and reps
  • Government
  • Dispute resolution institutions
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2
Q

What are dispute resolution bodies

A

Neutral bodies are used when a firm’s mechanisms don’t work.

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3
Q

What act established the labour court

A

Industrial relations act 1946

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4
Q

How is the labour count different to other courts of law

A

It is not a court but a sole appellate jurisdiction in employment rights and disputes

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5
Q

When should the labour courts be use?

A

As a last resort

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6
Q

How does a case get to the labour court

A

They are recommended on determination, decision of order or sometimes recommended by ministers

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7
Q

Are labour court rulings legally binding

A

No, it gives recommendation, except in cases of employment equality and unfair dismissals

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8
Q

What are the functions of the labour court (4/8)

A
  • Investigate trade disputes under the industrial relations act 1946-2015
  • Investigate a request of minister
  • Here appeals
  • Establish JLC
  • Register JIC
  • Register employer agreements
  • Investigate codes of practice complaints
  • Issue exemptions for SEO
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9
Q

What minister can request the labour court to investigate an issue

A

Minister of business, enterprise and innovation

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10
Q

What is an SEO

A

Sectorial employment order that usually obliges the employer to pay a certain amount of wages

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11
Q

What are the 6 ways cases get the labour course

A
  • WRC referral from conciliation
  • WRC waived its consolidation function referring directly to the LC
  • Labour court investigation
  • Direct referral
  • Minister
  • Appeal
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12
Q

What are the 5 steps in how the LC deals with disputes

A
  • Referal
  • Arrange a date for hearing
  • Parties make a written submission in advance
  • Hearing
  • Recomendation issued
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13
Q

What act set up the WRC

A

Industrial relations act 2015

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14
Q

What is the difference between the WRC and the previous organisations

A

There is a new single complaint procedure instead of the three previous ones

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15
Q

What are the 3 possible first steps in a single complaint made to the WRC

A

Early resolution. adjudication or inspection

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16
Q

What happens after adjudication in a WRC complaint form (4)

A

Appeal/enforcement> LC>Enforcement> Court

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17
Q

What are the benefits of the single complaint form? (3)

A
  • Emphasis on early dispute resolution
  • Multiple complaints against an employer can be handled together
  • Uniform time limits
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18
Q

What are the functions of the WRC (5)

A
  • Improve workplace relations
  • Compliance
  • Guidance
  • Monitor IR
  • Research for JLR’s andJLI’s
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19
Q

JLC

A

Joint labour committees: Regulate conditions of employment and set minimum rates of pay for employees in certain sectors, through Employment Regulation Orders (EROs)

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20
Q

JLC

A

Joint industrial councils: Negotiating bodies for particular industries or parts of industries that are representative of employers and trade unions

21
Q

Mediation

A

Both parties sit down together to reach a mutually agreeable resolution

22
Q

Is mediation formal or informal

A

Informal

23
Q

What type of issues go to mediation

A

Employment rights and internal work place issues

24
Q

Who is mediation offered to

A

Individuals and small groups through the single complaint form

25
Q

What is important for the mediator

A

To be impartial and have no vested interest in one side or the other

26
Q

Adjudication service

A

An adjudicator listens to both sides and then makes a recommendation that is published.

27
Q

What type of cases goes to adjudication?

A

Disputes grievances and claims made under employment legislation

28
Q

What is the max amount of compensation that an adjudicator can give?

A

104 weeks of pay

29
Q

How long do parties have to implement a decision by an adjudicator

A

56 days

30
Q

Inspection

A

Where the WRC enters a workplace and checks if it is implementing and following the relevant employment legislation. Eg: Modern slavery, ignoring pay laws.

31
Q

What do the WRC have the power to do during an inspection

A

enter premises, take statements an examine and make copies of records

32
Q

What triggers an inspection

A

Complaint or random

33
Q

What happens if a problem is found in a WRC inspection

A
  • Letter sent to employer asking them to fix it
  • Refer matter to legal service for prosecution
  • Carry out further inspection
  • Serve compliance notice
34
Q

WRC Advisory service

A

Assists firms on industrial relations in the workplace by publishing codes of practice, grievance procedure and disciplinary procedures.

35
Q

Conciliation

A

An advisory service that tries to reach a mutually accepted and negotiated resolution. Conversation in steered by an independent chair.

36
Q

Who conducts conciliation?

A

An industrial relations officer

37
Q

How are decisions reached at conciliation?

A

Consensus

38
Q

If conciliation a formal or informal procedure

A

Informal non-legal

39
Q

What happens if conciliation fails

A

Full hearing at the labour courts

40
Q

What are the 2 wage-setting institutions

A

JLC and LIC

41
Q

How does the WRC assist JLC’s and LICs?

A

Provides information and assistance to them

42
Q

How does the labour courts assist JLC’s and LICs?

A
  • Registers JICs and establishes JLCs

- Register employment agreements

43
Q

Who does a JIC represent

A

Workers of a particular class and their employer

44
Q

What is the goal of JICs

A

Provide harmonious relations between employers and employees

45
Q

What is part of a JICs agreement in relation to industrial action?

A

No action will be taken until the council has considered it

46
Q

What is the function of a JLC

A

determine legally binding minimum wage rates and conditions of employment

47
Q

Who benefits the most form JLC

A

Workers

48
Q

What is considered by JLCs in their wage

A

Competitiveness and rates of employment and unemployment.

49
Q

What is an SEO

A

Sectorial employment order: Leagly binding conditions relating to pay and sick leave scheme or pensions in certain economic situations

PM4064 (13 decks)

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