unit 1 industrial conflict Flashcards
benefits of good industrial relations for a business - improved employee motivation
if the employees feel they are listened to and get on with their employers, productivity should improve as they feel appreciated and empowered. employees that don’t feel listened too may need more supervisions and incentives to work harder
benefits of good industrial relations for a business - lower absenteeism
a good manager should investigate employees issues and try to work harder together with them to improve the issues, so their employees will be happier to come to work
benefits of good industrial relations for a business - increased productivity
employees who have a positive relationship with their managers and other colleagues are more likely to put in a greater effort and want to work together with others
benefits of good industrial relations for a business - higher retention rates
if a company has poor industrial relations, staff are more likely to leave and a find a job elsewhere, disruption to production/ costing money on recruitment
factors that can lead to industrial disputes in a business - disputes over poor or changing working conditions
failure by management to provide safe working conditions, safe equipment, poor hygiene and adequate heating can lead to industrial disputes or a change to job duties or terms of employment without proper consultation or negotiation
factors that can lead to industrial disputes in a business - level of redundancy pay offered or who is chosen
a last in first out (LIFO) system may be seen as fair , not the employer just picking who they want to get rid of.
factors that can lead to industrial disputes in a business - new technology being introduced
workers may resists the introduction of new technology if they believe that the employer has not provided adequate training or financial training or financial reward for their increased productivity, causing conflict
factors that can lead to industrial disputes in a business - demarcation issues
a demarcation issue can arise when there are differences in pay and conditions of work between similar groups of workers
factors that can lead to industrial disputes in a business - trade union recognition
there is no legal obligation on an employer to negotiate with a union on behalf of an employee member , unless previously agreed. however, a business not recognising a union may lead to conflict between it and it’s members
factors that can lead to industrial disputes in a business - unfair dismissal
if an employee is dismissed unfairly or if the employer hasn’t taken the appropriate steps to dismiss a worker, it can cause disputes and conflict the workforce
factors that can lead to industrial disputes in a business - discrimination
if an employer treats one or a group of workers less favourably then others it could lead to industrial action
factors that can lead to industrial disputes in a business - disputes over pay
workers may launch a variety of different pay claims eg cost of living claims in times of inflation
types of pay claims an employee can make - cost of living claim
employees can argue that it is more expensive to live in Ireland, and therefore employees need to be paid more to maintain their standard of living, to allow for higher prices due to inflation
eg. the Irish congress of trade unions (ICTU) advised private sector members to seek pay increases of up to 5.5% in February 2022
types of pay claims an employee can make - comparability claim
employees can look at similar salaries of similar jobs in different sectors, to look at increasing their pay to be comparable to them.
eg private security guards can use publicly paid garda salaries as a comparison when negotiating their salary
types of pay claims an employee can make - productivity claim
if the output of an employee is capable of doing or expected to do increases, the employees may loo to receive additional pay to compensate or reward them for the increased productivity
eg part of the agreement for higher for nurses and midwifes(INWO) in 2019 was that they would shift certain types of work to a community support setting
types of pay claims an employee can make - relatively claim
certain types of jobs have been historically linked together. if one profession in the public sector receives a pay increase, other professions may also ask for increases in line with them.
eg following on from the labour courts recommendation to increase the pay of nurses in 2019, ambulance drivers, prison officers or the the gardai may now look for more pay as they are also in the public sector
resolving conflict- non legislative/ trade unions - what is a non legislative method to industrial conflict
a non-legislative approach should be the first strategy in a conflict resolution process between employees and employer.
it means that the parties involved are not using any law or body set up under a law to resolve the conflict
resolving conflict- non legislative/ trade unions - 1 meet and talk
this involves having a meeting between the individual employee and their employer to try and discuss the situation and clarify any difficulties. assistance can be sought from the shop steward ( the trade union rep for that workplace ) and the human resource manager ( the employee in charge of human relations in the workplace)
resolving conflict- non legislative/ trade unions - 2 negotiation
parties make series of offers and counter offers intended to aim at a compromise where both sides give up something to reach an agreement through bargaining
resolving conflict- non legislative/ trade unions - 3 conciliation
an unbiased third party attempts to get both sides of the dispute to talk and listen to each other . they encourage both parties involved to reach an agreement themselves, rather than being offered a solution to them.
resolving conflict- non legislative/ trade unions - 4 arbitration
an unbiased third party listens to both sides in the dispute, and then makes a recommendation by offering the parties a suggested solution. both parties may agree in advance to accept the solution offered
resolving conflict- non legislative/ trade unions - what is a trade union
an organisation of employees that promotes and protects and defends the interest of their members like seeking pay increases and improved working conditions through negotiation with employees
better PAY, increased PROTECTION, PRESSURES the govt
resolving conflict- non legislative/ trade unions - what is a shop steward
-it is the elected union representative in the workplace.
-it is the first ‘port of call’ if a member has any kind of difficulty or concern in their workplace. the shop steward will try to resolve the issue in a mutually acceptable way.
-if the shop steward cannot solve the problem in discussion with the supervisor or manager, then the matter will be referred to the union branch organiser and to further levels of the union, if necessary
-can’t authorised a work stoppage/ industrial action
- is vital is being a link between the employer and a worker to intervene and prevent minor issues escalating in a workplace
- they keep union members up to date with the latest developments in the sector, including new membership services and benefits
resolving conflict- non legislative/ trade unions - what is collective bargaining
where an employer and a trade union voluntary engage with one and other, in order to agree on terms of employment
eg pay rates, working conditions
industrial relations act 1990 - 1.defines what a legitimate trade dispute is
a trade dispute is defined as any dispute between employers and workers which is connected with the employment or non- employment or the terms or conditions of employment of any person
eg - dispute over pay and conditions
- discrimination against an employee
- employers not recognising a trade union
- unfair dismissal/suspension of an employee
employees cannot take industrial action over management decisions made for the business or take industrial action with their employer over govt decisions
industrial relations act 1990 - 2. clarify the steps that must be taken before a union is allowed to take official action
secret ballot - union members can vote confidentially on whether they are in favour of taking action or not. if a majority vote (>51%) to take action, they can then go on strike.
one week’s notice - the employer must then be given 7 days notice of the strike after the ballot. gives the employer an opportunity to resolve before action takes place
have the action sanctioned by ICTU (irish congress of trade unions )
industrial relations act 1990 - 3. primary and secondary picketing
primary picketing - under the act if it is lawful for worker to walk up and down peacefully protesting with placards at their place of employment
secondary picketing - the lawful picketing of a secondary employer, other than the primary employer involved in the dispute, where the secondary employer was acting in a way that would frustrate the industrial action by directly assisting their employer
industrial relations act 1990 - 4. immunity
if workers go on an official strike as laid out by the act, their employer cannot sue them for any losses that the business faces from a lack of sales arising from the action
types of industrial action that are legal (STOW)- official strike
where the employees do not enter their workplace and do not do their work. an official strike involves a secret ballot, proper notification to the employer( ie one weeks notice) and being sanctioned by ICTU. they would then picket outside their workplace.
eg members of the teachers union of Ireland going on strike over changes to the junior cert
industrial relations act 1990 - token stoppage
a brief stoppage if work intended to carry the threat of further, more serious action if agreement is not reached
eg bus drivers agree to all pull in to the side of the road for one minute at a set time to show that they are unhappy with their employer, to signal to them they will carry out further industrial action if the dispute isn’t resolved
industrial relations act 1990 - overtime ban
where workers refuse to do work extra hours outside their normal contracted hours. at very busy times - like a department store in December during the peak Christmas shopping period- it can lead to a business losing lots of business and sales
eg in 2018 ambulance drivers in the Psychiatric Nurses Association(PNA) put in an overtime ban in place as part of their industrial action over working conditions and trade union recognition
industrial relations act 1990 - working to rule
where employees only undertake the exact jobs written in their job description or contract of employment, without any flexibility. they work their exact duties outlined in their contract, which can disrupt production.
eg employees may not answer phones, disrupting productivity, as it doesn’t state that it is part of their terms of employment
impact on stakeholders of industrial action - employees
employees will not receive a wage during an official strike as they aren’t carrying out their duties. may also damage morale/ job satisfaction
impact on stakeholders of industrial action - consumers
a work to rule action may slow down productivity of the business, so the consumer won’t receive the normal level of service
impact on stakeholders of industrial action - investors
extended strike action may reduce a company’s sales and profits. the company may also face bad public relations(their image in the public eye ), causing their share price to fall
impact on stakeholders of industrial action - employer
if employee morale falls, productivity may also fall, so they will have to try to improve it
impact on stakeholders of industrial action - supplier
if sales fall, a business may not be able to pay suppliers. it may also reduce the amount of goods ordered, as sales will fall during action
impact on stakeholders of industrial action - government
the govt will recieve less direct tax( the employees wont get paid, so wont pay PAYE) and indirect tax ( less goods will be sold, so they will receive less VAT)
unfair dismissals act 1977/2015- grounds for dismissal that are deemed to be fair are - incapable
issues like persistent lateness or absenteeism over the short and long term
eg an employer keeps proof of a working clocking in late over a large number of days
unfair dismissals act 1977/2015- grounds for dismissal that are deemed to be fair are - incompetent
inability to do the job through poor performance and not achieving the required standards that were laid out
eg a sales person failing to meet their sales targets for 6 months in a row
unfair dismissals act 1977/2015- grounds for dismissal that are deemed to be fair are - qualifications
if it discovered an employee lied about a qualification to get the job or reasonable opportunity has been allowed for the employee to achieve a new qualification needed
eg new childcare qualifications are introduced and creche workers are given a year to achieve them - if they don’t achieve them within this timeframe they may be fairly dismissed
unfair dismissals act 1977/2015- grounds for dismissal that are deemed to be fair are - misconduct
an employee acts improperly and engages in unacceptable behaviour. f=gross misconduct may arise from one incident. lots of minor incidents may also lead to dismissals
eg if an employee breached their employers policies by bullying another worker or stealing from their employer they may be dismissed
unfair dismissals act 1977/2015- grounds for dismissal that are deemed to be fair are - redundancies
a business may need to cut staff numbers in order to survive and not face closure. this may be due to new competitors or a drop in demand for their good
eg during the recession, employers were able to give economic justification as to why a certain job was no longer required by the business so they cold dismiss the workers fairly
unfair dismissals act 1977/2015- grounds for dismissal that are deemed to be fair are - employment terms contravene the law
if continuing the employment contract ends up breaking the law, an employee could e dismissed. a business may look for alternate roles within the business for the employee
eg if a bus driver lost their driving license for dangerous driving, they may be dismissed or if an employees work permit expired to work in Ireland
unfair dismissals act 1977/2015- unfair dismissals
1 the employer didn’t follow the correct procedures(counsel, give formal warnings…) before dismissing the worker
- the employer doesn’t have any evidence of misconduct, incompetency or grounds for redundancy. documentation and proof is required
eg having CCTC of an assault or theft - where they are discriminated against eg if an employee becomes pregnant, joins a trade union, has certain religious or political view
- constructive dismissal refers to a situation were an employer makes it so difficult for an employee that the employee feel they have no other option but to resign their position. the burden of proof lies with the employee to prove that they were unfairly dismissed
eg an employee is constantly being harassed by his manager by his manager, who blames the employee for all the problems in the business. the employee feels that she has no option but to resign her position
unfair dismissals act 1977/2015- redress for unfair dismissal - compensation
an employee may receive up to a maximum of 2 years pay for the financial loss suffered from their unfair dismissal. you cannot claim compensation for stress/hurt feeling’s over your dismissal. this is the most common remedy used
unfair dismissals act 1977/2015- redress for unfair dismissal - reinstatement
the employee is put back in their job as though that they were never dismissed. they are given the same title, pay , conditions and are also entitled to any improved conditions or pay that they would have received during the period that they were unfairly dismissed. they are also entitled to compensation for the financial loss suffered since their unfair dismissal
unfair dismissals act 1977/2015- redress for unfair dismissal - re-engagement
where an employee has contributed to their dismissal, but it was still deemed unfair, they may be reappointed in a similar job or position from the date of the successful appeal. they don’t receive any pay for the time they missed work
unfair dismissals act 1977/2015- steps an employer should take to dismiss an employee - counselling
advice on how the employee should improve should be given by a supervisor and recorded on the employee’s personal record. the employer should make it clear to the employee on how they can improve so that they are aware of what they need to do
unfair dismissals act 1977/2015- steps an employer should take to dismiss an employee - formal verbal warning
the employer has to inform the employee of the reasons for the possible dismissal, including what evidence they currently have. the employee with their representation present (another employee, shop steward or a solicitor ), can respond to the allegations. the warning is recorded in the employees personal record
unfair dismissals act 1977/2015- steps an employer should take to dismiss an employee - first written warning
if there is no improvement, a formal written letter should be issued next. a copy will be given to the employees representative. it may be followed up with a final written warning, suspension without pay or some other appropriate disciplinary action short of dismissal. the employee will then finally dismissed
unfair dismissals act 1977/2015- steps an employer should take to dismiss an employee - inform the employee of reasons for dismissal
a written copy of the reasons for dismissal must be forwarded to the employee within 14 days of the dismissal
unfair dismissals act 1977/2015- steps an employer should take to dismiss an employee - employees right of appeal
the employee has the right to a fair and impartial hearing against their dismissal. they can raise the issues concerned and ensure the appropriate steps were followed for their dismissal, and there is sufficient evidence for it
employment equality act 1988/2015 - what is employment discrimination
an employee is said to be discriminated against if he or she is treated in a less favourable way than another employee is, has been or would be treated( in a comparable situation on any of the nine distinct grounds)
ender the act it is illegal to discriminate against anyone on the grounds of - gender, disability, civil(martial) status/ family status , religion, sexual orientation, religion, age , race , membership of the traveller community
it is illegal to publish any advertisement for employment against one of the grounds above
eg “ young, fun staff wanted” as it discriminates against older people
all staff must be treated equally in terms of payment, hiring, firing, promoting, training , demoting and working condition
the role of the WRC in resolving cases of discrimination - mediation services
the WRC can appoint an equality mediation officer to mediate in private ( an agreement would not be published). they would facilitate parties to reach a mutually acceptable agreement. if they reach agreement they would sign an agreement which is legally binding
the role of the WRC in resolving cases of discrimination - adjudication
if mediation is unsuccessful, an adjudication officer can investigate, hearing from both sides and seeing the evidence and then give parties a written decision on the dispute to them
functions of the workplace relations commission (WRC) - advisory council
promote good practice, helps review and develop grievance procedures, offers advice on their website
eg reviewing or developing effective workplace in areas such as grievance, discipline , communications and consultation
functions of the workplace relations commission (WRC) - conciliation
the WRC makes an IRO( industrial relations officer ) available to offer neutral and impartial third party steering of parties to reach a voluntary resolution where the parties come up with a solution together themselves. participation in the conciliation process is voluntary, and so too are the outcomes
functions of the workplace relations commission (WRC) - mediation
a mediation officer comes in at an early stage to get the parties to arrive to a solution together. the mediation officer empowers the parties to negotiate their own agreement on a clear and informal basis. the process is voluntary and either party may terminate it at any stage. if not successful, they will notify the director general and it’ll be referred for adjudication
functions of the workplace relations commission (WRC) - adjudication
a hearing where both parties are given an opportunity to be heard/ present evidence to the adjudication officer takes place. the adjudication officer will not attempt to mediate or conciliate the case. parties may be accompanied and represented at hearings by a trade union official, a practicing barrister or practicing solicitor for example. the adjudication officer will then decide the matter and give a written decision in relation to the complaint
functions of the workplace relations commission (WRC) - compliance/ inspection service
inspectors visit places of employment and carry out investigations on behalf of the WRC in order to ensure compliance with equality and employment- related legislation
eg examine files/ documentation related to employment
functions of the labour court- investigate complaints as a court of last resort
it will look at complaints made under the industrial relations act that haven’t been resolved both within the organisations and through the WRC
eg parties have failed to reach a resolution using WRC conciliation services over a dispute on changes to working hours, equal pay, sexual harassment, promotion, overtime… so is then referred on to the labour court for a hearing
functions of the labour court- arbitration
the labour court is not a court of law. it operates as an industrial action tribunal, hearing both sides in a case and then issuing a recommendation, setting out its opinion on the disputed the terms on which it should be settled
functions of the labour court- code of practices
they investigate complaints of breaches of codes of practices and also give their opinion of interpretations of codes of practise in place made under the industrial relations act 1990
functions of the labour court- register agreements
they register employment agreements for employers and employees. these are useful for parties to refer to when future industrial conflicts arise
