Resolving Industrial Relations Conflicts Flashcards
Non-Legislative methods of resolving consumer conflict
- Meeting and Talking
- Negotiation
- Conciliation
- Mediation
- Arbitration
Meeting and Talking (Non-Legislative method of resolving consumer conflict)
A meeting is arranged between employees and employer. Both parties can be represented, by HR or by shop steward, for example. They discuss the issue and try resolve the problem
Negotiation (Non-Legislative method of resolving consumer conflict)
Both parties meet, and bargain. They make offers, and counter-offers, until a compromise is reached that is mutually acceptable. This holds no legal power
Conciliation (Non-Legislative method of resolving consumer conflict)
The dispute is referred to an independent conciliator who listens to both sides of the dispute, and tries to get both sides to come to a mutually acceptable solution. Either party can reject this solution
Mediation (Non-Legislative method of resolving consumer conflict)
An independent mediator hears both sides, and outlines how they think it should be resolved. They encourage the employer and employee to solve the dispute together
Arbitration (Non-Legislative method of resolving consumer conflict)
An independent arbitrator listens to both parties and makes a decision on how it should be resolved. The two parties and decide if it will be legally binding beforehand.
Legislative methods of resolving consumer conflict
- Industrial Relations Act 1990
- WRC (Workplace Relations Commission)
- Labour Court
- Unfair Dismissals Acts 1977 - 2015
- Employment Equality Acts 1998 - 2015
Industrial Relations Act 1990 (Legislative method of resolving consumer conflict)
- Trade Disputes - Relates to any dispute between employers and employees. This outlines the difference between legal and illegal disputes (Legal : Pay, working conditions. Illegal : Government, how the business is run)
- Secret Ballot - For official action to be taken, a secret ballot must be held. It is a confidential vote, and it must have notice given.
- Minimum notice - Must be a minimum of 7 days notice before strike action is taken
- Picketing - This is when employees walk outside their workplace carrying placards outlining the reason for their strike. Secondary picketing is at another employers workplace, it takes place if the employees feel this employer is helping theirs recover from the strike action
- Immunity - The employer cannot sue the trade union or its members for any losses incurred.
WRC (Legislative method of resolving consumer conflict)
Workplace Relations Commission
An independent body that provides services to employers and employees
- Information - Runs a website and phone service outlining employment law and industrial relations
- Advisory Service - Works with businesses to build and maintain positive industrial relations. Can visit firm and provide workshops and training
- Conciliation - An independent conciliator hears disputes, and helps both parties come to a mutually acceptable solution
- Mediation - A mediation officer tries to get both parties to come to a mutually acceptable solution. If it works, it is recorded in writing, and becomes legally binding
- Adjudication - When mediation has been unsuccessful, an adjudication officer investigates the dispute. They hear both sides, and make a decision. This can be appealed to the Labour Court
- Codes of Practice - Formulates codes of practice, which are written rules on how people or organisations must act in certain situations
Labour Court Definition (Legislative method of resolving consumer conflict)
The court of last resort for industrial relations disputes. Its aim is to resolve and adjudicate on industrial relations cases fairly, quickly, and informally
Functions of the Labour Court (Legislative method of resolving consumer conflict)
- Investigates Disputes - Investigates disputes between employers and employees, and makes a ruling on the case. This can be appealed to the High Court
- Hears Appeals - Decisions made by the adjudication officer at the WRC can be appealed to here. The Labour Court makes a binding decision on the case
- Establishes Joint Labour Committees (JLCs) - A JLC improves pay and working conditions in sectors with low trade union membership. It sets the minimum pay and working conditions.
- Registers Employment Regulation Orders (ERO) - An ERO is drawn up by a JLC and sets the minimum pay and working conditions. It is legally binding
- Interpretation of Codes of Practice - Gives its opinion on the codes of practice formulated by the WRC. It also investigates breaches of these codes.
Fair Dismissal (Under the Unfair Dismissals Acts 1977-2015)
Redundancy - If a genuine redundancy situation exists, and employees are chosen fairly
Incompetence - The employee is not performing their role to the required standard
Qualifications - The employee does not have the relevant qualifications
Employee Misconduct - Can relate to a number of minor incident, or one incident of gross misconduct
Legal Reasons - If it would be illegal to keep the employee working there
Procedure for Fair Dismissal (Under the Unfair Dismissals Acts 1977-2015)
- Counsel Employee
- Verbal Warning
- First Written Warning
- Last Written Warning
- Suspension
- Dismissal
Unfair Dismissal (Under the Unfair Dismissals Acts 1977-2015)
- Age
- Religious or political belief
- Race
- Trade union membership
- Pregnancy
- Gender
- If employer did not follow correct dismissal procedure
Redress for Unfair Dismissal
- Reinstatement - Employee gets old job back, and is entitled to back pay
- Re-engagement - May get old job back, or similar job approved by the WRC. Not entitled to back pay
- Compensation - Employee gets up to two years salary if they suffered financial loss; up to four weeks if they didn’t
