Industrial Relations Institutions

Question 1

Who are actors in the industrial relationship (4)

Answer 1

• Employers and reps
• Employees and reps
• Government
• Dispute resolution institutions

Question 2

What are dispute resolution bodies

Answer 2

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

Question 3

What act established the labour court

Answer 3

Industrial relations act 1946

Question 4

How is the labour count different to other courts of law

Answer 4

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

Question 5

When should the labour courts be use?

Answer 5

As a last resort

Question 6

How does a case get to the labour court

Answer 6

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

Question 7

Are labour court rulings legally binding

Answer 7

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

Question 8

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

Answer 8

• 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

Question 9

What minister can request the labour court to investigate an issue

Answer 9

Minister of business, enterprise and innovation

Question 10

What is an SEO

Answer 10

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

Question 11

What are the 6 ways cases get the labour course

Answer 11

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

Question 12

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

Answer 12

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

Question 13

What act set up the WRC

Answer 13

Industrial relations act 2015

Question 14

What is the difference between the WRC and the previous organisations

Answer 14

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

Question 15

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

Answer 15

Early resolution. adjudication or inspection

Question 16

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

Answer 16

Appeal/enforcement> LC>Enforcement> Court

Question 17

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

Answer 17

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

Question 18

What are the functions of the WRC (5)

Answer 18

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

Question 19

JLC

Answer 19

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

Question 20

JLC

Answer 20

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

Question 21

Mediation

Answer 21

Both parties sit down together to reach a mutually agreeable resolution

Question 22

Is mediation formal or informal

Answer 22

Informal

Question 23

What type of issues go to mediation

Answer 23

Employment rights and internal work place issues

Question 24

Who is mediation offered to

Answer 24

Individuals and small groups through the single complaint form

Question 25

What is important for the mediator

Answer 25

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

Question 26

Adjudication service

Answer 26

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

Question 27

What type of cases goes to adjudication?

Answer 27

Disputes grievances and claims made under employment legislation

Question 28

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

Answer 28

104 weeks of pay

Question 29

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

Answer 29

56 days

Question 30

Inspection

Answer 30

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

Question 31

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

Answer 31

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

Question 32

What triggers an inspection

Answer 32

Complaint or random

Question 33

What happens if a problem is found in a WRC inspection

Answer 33

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

Question 34

WRC Advisory service

Answer 34

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

Question 35

Conciliation

Answer 35

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

Question 36

Who conducts conciliation?

Answer 36

An industrial relations officer

Question 37

How are decisions reached at conciliation?

Answer 37

Consensus

Question 38

If conciliation a formal or informal procedure

Answer 38

Informal non-legal

Question 39

What happens if conciliation fails

Answer 39

Full hearing at the labour courts

Question 40

What are the 2 wage-setting institutions

Answer 40

JLC and LIC

Question 41

How does the WRC assist JLC's and LICs?

Answer 41

Provides information and assistance to them

Question 42

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

Answer 42

- Registers JICs and establishes JLCs | - Register employment agreements

Question 43

Who does a JIC represent

Answer 43

Workers of a particular class and their employer

Question 44

What is the goal of JICs

Answer 44

Provide harmonious relations between employers and employees

Question 45

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

Answer 45

No action will be taken until the council has considered it

Question 46

What is the function of a JLC

Answer 46

determine legally binding minimum wage rates and conditions of employment

Question 47

Who benefits the most form JLC

Answer 47

Workers

Question 48

What is considered by JLCs in their wage

Answer 48

Competitiveness and rates of employment and unemployment.

Question 49

What is an SEO

Answer 49

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