Resolving conflict in the workplace Flashcards
Industrial Relations
Refers to the relationship between the employer and employee in the workplace.
Benefits of positive industrial relations
- Recruitment and retention: easier to recruit and retain staff with positive relations in
the workplace. - Employee motivation: Happy employees are motivated to work harder to benefit the
business - Intrapreneurship: employees are willing to suggest new ideas to the business to
increase sales. - Change: Employees are more open to change when the employer is honest.
Causes of industrial relations
- Pay: Disputes with the employer over rates of pay, overtime payments and pension
contributions. - Working Conditions: Disagreement with the employer in relation to hours of work and
health in the workplace. - Technology: Resistance to introduction of new technology with belief the employer
didn’t provide adequate training
Pay claim
A demand made by employees to the employer for an increase in pay.
Pay claims
- Cost of living claim: This occurs when employees want their pay to keep up with the
rate of inflation. - Comparability claim: Employees want a pay increase because people doing similar
work got an increase. - Productivity claim: Employees seek a pay rise when their workload has increased.
Trade Union
Is an organisation that aims to protect and improve the pay and working conditions of its members
Benefits of trade union for employees
Protect employment rights, information and support, better pay and working conditions.
Benefits of trade union for employers
Improved health and safety and introducing change.
ICTU (Irish Congress Trade Union)
Is the umbrella body that represents and campaigns on behalf of trade union Ireland.
it aims to reduce disputes between union and employers.
Legal Types of Industrial Action
- Official strike: Employees refuse to enter and perform normal duties in the workplace.
- All-Out-Strike: All employees go on strike even those who are not directly involved.
- Work-to-Rule: Employees carry out their workplace duties as stated in the contract.
- Token-stoppage: Employees refuse to work for a short period of time.
- Overtime-Ban: Employees refuse to work overtime for the employer.
illegal types of Industrial Action
- Unofficial-Strike: Employees take strike action but don’t meet some requirements e.g
don’t conduct a ballot. - Wildcat strike: Employees take strike action without warning the employer.
- Political strike: Employees leave the workplace to protest against new laws e.g
government laws
Non-Legislative Methods of solving Industrial relations conflict
- Meeting and talking
- Negotiation
- Conciliation
- Mediation
- Arbitration
Meeting and talking
Meeting arranged between employer and employee to resolve their problems.
Negotiation
Both parties meet and bargain with each other e.g offers and counter offers.
Conciliation
A person who brings disputing parties together to try resolve the dispute.
Mediation
An independent person who aims to get two parties in a dispute to reach an agreement by acting as a go between.
Arbitration
An independent person who examines an issue and makes a recommendation on how it should be solved.
Legislative Methods of solving Industrial relations conflict
- Industrial Relations Act 1990
- WRC
- Unfair Dismissal 1977-2015
Industrial Relations Act 1990
A. Trade disputes: This relates to any dispute between the employer and the employee
connected with employment or non employment and terms and conditions of
employment.
B. Secret Ballot: For strike to occur, trade union members must vote in a secret ballot.
C. Minimum Notice: The employees must give the employer one weeks notice before
strike
D. Picketing
E. Immunity: Employer cannot sue the trade union or members for its losses due to
strike.
Primary picketing
Takes place at the employees workplace, involves placards.
Secondary Picketing
Takes place outside someone else’s workplace.
WRC
A. Information: Wrc provides info and employment law & industrial relations through its
website and phone line.
B. Advisory service: Works with business to build positive relations in the workplace.
C. Conciliation: An independent conciliator hears the dispute and helps parties reach a
mutual agreement.
D. Mediation: The mediation officer gets both parties to reach a mutually acceptable
solution to their dispute.
E. Adjudication Service: An adjudicator investigates cases when mediation is unsuccesful
F. Codes of Practice: Wrc formulates codes of practice, which indicates how people act
e.g no bullying
Dismissal
When an employer removes an employee from their job
Reasons for Fair Dismissal
- Redundancy: Genuine redundancy situation exists e.g falling sales.
- Incompetence: Can be dismissed if role not performed to standard.
- Qualifications: If employee doesn’t have the right qualifications for the job.
- Employee Misconduct: Number of minor incidents e.g late to work.
- Legal reasons: Employee may be dismissed if their employment breaks law e.g no visa
Procedure for Fair dismissal
- Counsel employee: Employer notices an employee underperforming and arranges a
meeting to outline the improvements. - Verbal warning: No improvements made so formal meeting is arranged. outlines
improvements with a timeline. - First Written Warning: This is issued to employee if no improvements made through
performance. - Final Written warning: If employee performance does not improve during timeline
they may be suspended or dismissed. - Suspension: Employee may be suspended with or without pay while further
investigation is made. - Dismissal: Employer removes the employee from the business as no improvements
were made.
