Resolving Conflict In The Work Place Flashcards
Non legislative methods
The employer and employees involved in industrial relations conflict should first try to resolve the dispute in a non legislative manner through the order of: Meeting and talking, negotiation,conciliation,mediation,arbitration
Meeting and talking
A meeting is arranged between the employer and employees. The Human Resources manager might represent the employer and the shop steward might represent the employees. They discuss the issue and try to resolve the problem.
Negotiation
Both parties meet and bargain with each other. They both make offers and counter offers until a compromise is reached that is acceptable to both sides.
Conciliation
The dispute is referred to an independent conciliator who listens to both sides of the dispute. The conciliator tries to get both sides to come to an agreed solution. (A conciliator is a person who brings dispute parties together to try and resolve the dispute)
Mediation
An independent mediator hears both sides of the dispute and outlines how they think the problem should be resolved. Meditation encourages the employer and employees to solve the dispute together
Arbitration
An independent arbitrator listens to both parties in the dispute and makes a decision on how the problem should be resolved. This recommendation is not legally binding and can be rejected by one or both parties.
In some cases the employer and employees may agree in advance to accept the decision made by the arbitrator. This is known as binding arbitration.
Legislative methods
Sometimes the dispute between management and staff cannot be resolved using non legislative methods. There are a number of legislative methods of resolving industrial relations conflict which include: Industrial Relations Act 1990, WRC, Labour Court
The industrial relations act 1990
The industrial relations act was introduced to improve industrial relations in Ireland and to help resolve industrial relations disputes. Features: trade disputes, secret ballot, minimum notice, picketing, immunity
Trade disputes
This relates to any disputes between employers and employees which is connected with: the employment or non employment of a person or the terms or conditions of employment of any person.
Legal trade disputes
Pay and working conditions, discrimination against an employee, dismissal of an employee
Illegal trade disputes
Disagreement about how a business is run, discontent about how the government is running the country, closed shop agreements e.g. insisting employees join a particular trade union.
Secret ballot
For official industrial action to be taken, trade union members must vote in a secret ballot. This is a confidential vote in which employees decide whether or not to take industrial action. If majority votes are in favour of industrial action, the trade union decides on the most effective form of action to be taken e.g. an official strike.
Primary picketing
Primary picketing takes place at the employees workplace. It involves employees walking outside the workplace carrying placards indicating that they are taking strike action. Placards often contain information on the name of the trade union and the reason for the industrial action. It draws attention to them and can gain public support.
Secondary picketing
Secondary picketing takes place outside the workplace of another employer. It is legal to do this if employees believe that this employer is helping their employer to break their strike action
Immunity
The employer cannot sue the trade union or its members for losses incurred by the business due to official strike action. The employer cannot apply to the court to get a judge to stop picketing once correct steps were followed by the trade union and the employees. Gardaí cannot stop, arrest or move employees who are picketing peacefully. the employees must havr conducted a secret ballot and given 7 days notice.
