Industrial Relations Unit 1 Flashcards
Define Industrial Relations
The relationship between employers and employees
Outline the importance of good industrial relations in a business
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
Define an intrapreneur
Someone who works in a firm and come up with new ideas to reduce costs or increase sales
Name the causes for conflicts in the workplace
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
Name and explain the 4 types of pay claims available to employees
- Comparability Claim: Employees ask for a pay rise because other employees doing similar work get one e.g electricians working for 2 state bodies
- 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
- Productivity Claim: Employees ask for more pay to compensate them for having to work harder e.g producing more goods than last year
- 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
Define a Trade Union and outline its functions
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
Define a shop steward and outline its their function
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
Define the Irish Congress of Trade Unions and its functions
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
Name the non-legislative methods of solving conflict in the workplace
Negotiation
Conciliation
Arbitration
Outline Negotiation
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
Outline Conciliation
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
Outline Arbitration
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
Name the 3 Legislative methods of solving Industrial action
Industrial Relations Act 1990
Unfair dismissals act 1977/1993/2015
Employment Equality act 1998-2015
What law does the Industrial relations act deal with
Trade union law
Industrial relations law
Define a Trade Dispute
Any dispute between an employer and employee about the employment, non employment or terms and conditions of any person
Outline the reasons for legitimate trade disputes
Pay Conditions of employment Dismissal of employees Redundancies Employment policies of an employer Trade union recognition
Outline the reasons for illegal trade disputes
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)
Define a closed shop agreement
This occurs when an employee must join a particular trade union before they can work in the company e.g National union of journalists
Describe Trade Union immunity
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
Name the steps in Legal industrial action
Secret Ballot
Picketing (primary or secondary)
Injunctions
Describe a secret ballot
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
Describe Picketing
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
Define Injunctions
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
Outline how someone might form a trade union
Minimum numbers needed is 1000 people and a deposit of €25,395
Name and outline the types of industrial action that can be taken by employees
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
Name and outline types of illegitimate Industrial action that can be taken by employees
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
Outline the functions of the Workplace Relations Commission (WRC)
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
Outline the Functions of the Labour Court
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
Outline the Unfair Dismissals act 1977/1993/2015
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
Outline when dismissal is not unfair
There is misconduct by the employee
Incompetence of the employee
On grounds of qualification
Its part of a redundancy programme
Outline the procedure for Fair Dismissal
- Council Employee: Employer informs them of underperformance and outlines improvements needed and offers assistance e.g extra training (informal meeting)
- Verbal Warning (in writing): If employee performance hasn’t improved, the employer outlines the improvements that must be made and the timeline (formal meeting)
- First Written Warning: If no improvement in performance, a first written warning is issued, additional training may be offered
- Final Written Warning: If no improvement, a final written warning is issued outlining possible dismissal
- Dismissal: If still no improvement, dismissal
Outline redresses for unfair dismissal
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
Evaluation of unfair dismissals act
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
- Any employee who has been unfairly dismissed can get their job back or be compensated if they take their case to the WRC
- Employees are protected from nasty bosses who make their lives miserable i.e constructive dismissal
Outline the Employment Equality Act
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;
- Gender
- Marital Status
- Family Status
- Sexual Orientation
- Religious Belief
- Age
- Disability
- Race
- 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)
Outline what an employee can do if they feel they’ve been a victim of discrimination
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
Outline the remedies an employee can receive if they’ve been discriminated against
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
Evaluate the Employment Equality Act 1998-2015
In my opinion the act does a good job of protecting employees because
1. It ensures they cant be treated badly by prejudiced bosses
- The law deliberately sets out to help 9 categories of persons who historically have been victims of workplace discrimination
