Industrial Relations Unit 1

Question 1

Define Industrial Relations

Answer 1

The relationship between employers and employees

Question 2

Outline the importance of good industrial relations in a business

Answer 2

Employees will be happier in their work if industrial relations are good, motivation and productivity increases

Employees will put in additional effort at their job, they become intrapreneurs and offer suggestions to their employer

Labour Turnover will be low and absenteeism will decrease, this saves money in recruiting, selecting and training new employees
Formula: No of employees who leave the firm
————————————————- X100
No of people in the firm

There will be less chance of strikes being used to solve disputes

Question 3

Define an intrapreneur

Answer 3

Someone who works in a firm and come up with new ideas to reduce costs or increase sales

Question 4

Name the causes for conflicts in the workplace

Answer 4

Conflict over pay and pensions

Conflict over redundancy and dismissals

Conflict over discrimination of staff

Conflict over working conditions e.g holidays, working hours, health and safety

Question 5

Name and explain the 4 types of pay claims available to employees

Answer 5

1. Comparability Claim: Employees ask for a pay rise because other employees doing similar work get one e.g electricians working for 2 state bodies
2. Relativity Claim: Sometimes pay for some employees is linked to pay for other employees even though they do completely different jobs e.g TDs vs Civil Servants
3. Productivity Claim: Employees ask for more pay to compensate them for having to work harder e.g producing more goods than last year
4. Cost of Living Claim: Employees ask for pay raise as they can’t afford to live on current wages i.e to keep pace with inflation

Question 6

Define a Trade Union and outline its functions

Answer 6

Trade Union is an interest group that represents employees views and interests, employees pay an annual fee to join e.g SIPTU (Services industrial professional technical union)

The trade union will fight to get better pay and working conditions for its members, they have professional negotiators that negotiate with employers

If someone has a dispute with an employer, the trade union will take up a case on the employers behalf

Trade unions protect members interests e.g a trade union will negotiate the best redundancy package possible for its members

Question 7

Define a shop steward and outline its their function

Answer 7

A spokesperson elected by employees as their official Trade Union representative in the workplace

Functions:
Recruit new members
Represent members in negotiations with management
Keep up to date on Trade Union issues

Question 8

Define the Irish Congress of Trade Unions and its functions

Answer 8

The ICTU is the body that speaks and acts for most trade unions in the Republic of Ireland

Functions:
Negotiating with the government, EU on behalf of all unions
Promotes the benefits of union membership
Provides training, education and research for Unions and members

Question 9

Name the non-legislative methods of solving conflict in the workplace

Answer 9

Negotiation

Conciliation

Arbitration

Question 10

Outline Negotiation

Answer 10

The process of bargaining to try and reach a mutually acceptable solution to the conflict
The employer and employee sit down to discuss the issue
Both sides may have to give something up to reach a mutually acceptable agreement
When both sides reach an agreement its called a Collective Agreement and isn’t legally binding

Question 11

Outline Conciliation

Answer 11

This means the 2 parties to the dispute ask for an independent outsider to help solve their problem
The conciliatior does everything possible to get the parties to reach a mutually acceptable solution, however the solution isn’t legally binding

Question 12

Outline Arbitration

Answer 12

This means the employee and employer ask for an independent person to investigate the dispute and make a ruling to resolve the issue
Both parties agree in advance to accept the ruling
If they agree the ruling is legally binding

Question 13

Name the 3 Legislative methods of solving Industrial action

Answer 13

Industrial Relations Act 1990
Unfair dismissals act 1977/1993/2015
Employment Equality act 1998-2015

Question 14

What law does the Industrial relations act deal with

Answer 14

Trade union law

Industrial relations law

Question 15

Define a Trade Dispute

Answer 15

Any dispute between an employer and employee about the employment, non employment or terms and conditions of any person

Question 16

Outline the reasons for legitimate trade disputes

Answer 16

Pay 
Conditions of employment 
Dismissal of employees 
Redundancies 
Employment policies of an employer 
Trade union recognition

Question 17

Outline the reasons for illegal trade disputes

Answer 17

Political issues: employees can’t punish the employer for something the government does

Attempts to enforce closed shop agreements

The commercial management of the business (pricing decisions or hours of business)

Question 18

Define a closed shop agreement

Answer 18

This occurs when an employee must join a particular trade union before they can work in the company e.g National union of journalists

Question 19

Describe Trade Union immunity

Answer 19

Trade unions and their members are immune from any damages for any legal actions they took in pursuit of a trade dispute
This means if they go on strike as part of an industrial relations dispute, they can’t be sued by the employer for any losses to the business which may follow the action

Question 20

Name the steps in Legal industrial action

Answer 20

Secret Ballot
Picketing (primary or secondary)
Injunctions

Question 21

Describe a secret ballot

Answer 21

Before a trade union can go on strike, they must have a secret ballot with all its members
If majority vote in favour of strike, the union must give 7 days notice of any strike action to the employer
If they don’t do this immunity is lost

Question 22

Describe Picketing

Answer 22

Picketing refers to walking up and down outside a workplace with signs indicating there’s a strike in progress, its designed to encourage other not to do business with that employer until the dispute is resolved

Primary Picketing: picketing outside the employers business peacefully, no intimidation used and the number of workers involved must be in proportion to the size of the entrance being picketed

Secondary picketing: refers to picketing directed at a second employer not directly involved with the dispute, Its only legal if the other employer is assisting in frustrating the industrial action

Question 23

Define Injunctions

Answer 23

Provided all the rules are followed by a trade union, the courts are not allowed to give the employers legal junctions to stop the industrial action from taking place

Question 24

Outline how someone might form a trade union

Answer 24

Minimum numbers needed is 1000 people and a deposit of €25,395

Question 25

Name and outline the types of industrial action that can be taken by employees

Answer 25

Official Strike: Employees have held a secret ballot with a majority voting to strike, they’ve also given 7 days notice to employers and the trade union has given its permission to strike

Work to Rule: Employees only do their basic job and nothing else, they’re completely inflexible and refuse to do anything extra to help management and still get paid

Go Slow: Employees carry out the minimum amount of work they can get away with without jeopardising basic pay

Question 26

Name and outline types of illegitimate Industrial action that can be taken by employees

Answer 26

Unofficial Strike: Workers go on strike without a secret ballot and/or giving proper notice to employers, trade union doesn’t recognise this strike

Wildcat Strike: Workers walk off the job, this is illegal

Question 27

Outline the functions of the Workplace Relations Commission (WRC)

Answer 27

WRC promotes good practice in the workplace by advising organisations in all aspects of industrial relations in the workplace e.g review grievance procedure

Conciliation: An IR officer helps disputing employers/employees to sort out their differences by encouraging them to talk to one another and negotiate a solution, solution isn’t legally binding

Draws up codes of practice to be used by employers and employees to minimise problems in employment e.g correct procedures to follow to address workplace bullying

Mediation Service: WRC offers a mediation service in certain cases to facilitate the resolution of complaints at an early stage without using an adjudicator

Adjudication Service: Adjudication offers investigate cases when mediation has been unsuccessful, they hear both sides and make a decision on how the case should be solved, decision isn’t legally binding and can be appealed in the Labour Court

Question 28

Outline the Functions of the Labour Court

Answer 28

Acts as the court of final appeal and hears disputes in certain circumstances;
On appeal from the WRC
If the WRC waives its entitlement to get involved
In exceptional circumstances e.g Luas workers go on strike

Investigate complaints about breaches in codes of practice

It sets up Joint Labour Committees and makes employment regulation orders

It registers agreements between employers and employees

Note: Recommendations of Labour Court are not binding except in certain circumstances

Question 29

Outline the Unfair Dismissals act 1977/1993/2015

Answer 29

Terms of this act apply to workers with one years continuous service aged between 16 and 66 and work at least 8 hours a week

This act states dismissal is unfair if:

On grounds of Gender, Sexual Orientation, Marital Status, Pregnancy, Race, Membership of Travelling Community or trade union, Religion, Political Opinion

Constructive dismissal: The employer makes life so difficult for the employee they have no choice but to leave the employment (up to employee to prove its unfair)

Employer didn’t follow proper procedure
Employer can’t prove the job is redundant
Employer can’t prove employee in incompetent

Question 30

Outline when dismissal is not unfair

Answer 30

There is misconduct by the employee

Incompetence of the employee

On grounds of qualification

Its part of a redundancy programme

Question 31

Outline the procedure for Fair Dismissal

Answer 31

1. Council Employee: Employer informs them of underperformance and outlines improvements needed and offers assistance e.g extra training (informal meeting)
2. Verbal Warning (in writing): If employee performance hasn’t improved, the employer outlines the improvements that must be made and the timeline (formal meeting)
3. First Written Warning: If no improvement in performance, a first written warning is issued, additional training may be offered
4. Final Written Warning: If no improvement, a final written warning is issued outlining possible dismissal
5. Dismissal: If still no improvement, dismissal

Question 32

Outline redresses for unfair dismissal

Answer 32

A person who feels they have been unfairly dismissed can take their case to the Employment Appeals Tribunal (WRC)
If they win their case they may get the following redresses:
Be reinstated in their old position
Be compensated with up to 2 years wage
Be re-engaged under original job title or another job under suitable conditions

The responsibility is on the employer to prove the dismissal was fair

Question 33

Evaluation of unfair dismissals act

Answer 33

In my view it does a good job of protecting employees from unfair dismissal because
1. Employees cant lose their livelihood for spurious reasons e.g the employer doesn’t like them

2. Any employee who has been unfairly dismissed can get their job back or be compensated if they take their case to the WRC
3. Employees are protected from nasty bosses who make their lives miserable i.e constructive dismissal

Question 34

Outline the Employment Equality Act

Answer 34

The terms of this act apply to all persons who apply for jobs or who are in employment on any terms, temporary, part time or full time

Discrimination: One person is treated in a less favourable way than another, its illegal on 9 grounds;

1. Gender
2. Marital Status
3. Family Status
4. Sexual Orientation
5. Religious Belief
6. Age
7. Disability
8. Race
9. Members of travelling community

Harassment: behaviour which is unwelcome and offensive no matter what form it takes

Equal Pay: requires all contracts of employment contain an equal pay clause recognising that all employees are entitled to equal pay for like work (similar work or work of equal value)

Question 35

Outline what an employee can do if they feel they’ve been a victim of discrimination

Answer 35

They can take a case against the employer, this must be done within 6 months, the adjudication officer will then hold a hearing on the case

Adjudication: The officer considers all evidence and makes a judgement on the matter by issuing a written decision to both sides, decision can be appealed to the labour court

Question 36

Outline the remedies an employee can receive if they’ve been discriminated against

Answer 36

Equal pay in future
Back Pay
Compensation for the discrimination

In all other cases it can be ordered that you receive equal treatment in the future, you may receive compensation of up to 2 years pay or €40,000 (whichever biggest)

If the victim of the discrimination was not an employee, compensation of up to €13,000 may be awarded

Question 37

Evaluate the Employment Equality Act 1998-2015

Answer 37

In my opinion the act does a good job of protecting employees because
1. It ensures they cant be treated badly by prejudiced bosses

2. The law deliberately sets out to help 9 categories of persons who historically have been victims of workplace discrimination