unit 1 industrial conflict

Question 1

benefits of good industrial relations for a business - improved employee motivation

Answer 1

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

Question 2

benefits of good industrial relations for a business - lower absenteeism

Answer 2

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

Question 3

benefits of good industrial relations for a business - increased productivity

Answer 3

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

Question 4

benefits of good industrial relations for a business - higher retention rates

Answer 4

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

Question 5

factors that can lead to industrial disputes in a business - disputes over poor or changing working conditions

Answer 5

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

Question 6

factors that can lead to industrial disputes in a business - level of redundancy pay offered or who is chosen

Answer 6

a last in first out (LIFO) system may be seen as fair , not the employer just picking who they want to get rid of.

Question 7

factors that can lead to industrial disputes in a business - new technology being introduced

Answer 7

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

Question 8

factors that can lead to industrial disputes in a business - demarcation issues

Answer 8

a demarcation issue can arise when there are differences in pay and conditions of work between similar groups of workers

Question 9

factors that can lead to industrial disputes in a business - trade union recognition

Answer 9

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

Question 10

factors that can lead to industrial disputes in a business - unfair dismissal

Answer 10

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

Question 11

factors that can lead to industrial disputes in a business - discrimination

Answer 11

if an employer treats one or a group of workers less favourably then others it could lead to industrial action

Question 12

factors that can lead to industrial disputes in a business - disputes over pay

Answer 12

workers may launch a variety of different pay claims eg cost of living claims in times of inflation

Question 13

types of pay claims an employee can make - cost of living claim

Answer 13

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

Question 14

types of pay claims an employee can make - comparability claim

Answer 14

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

Question 15

types of pay claims an employee can make - productivity claim

Answer 15

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

Question 16

types of pay claims an employee can make - relatively claim

Answer 16

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

Question 17

resolving conflict- non legislative/ trade unions - what is a non legislative method to industrial conflict

Answer 17

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

Question 18

resolving conflict- non legislative/ trade unions - 1 meet and talk

Answer 18

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)

Question 19

resolving conflict- non legislative/ trade unions - 2 negotiation

Answer 19

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

Question 20

resolving conflict- non legislative/ trade unions - 3 conciliation

Answer 20

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.

Question 21

resolving conflict- non legislative/ trade unions - 4 arbitration

Answer 21

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

Question 22

resolving conflict- non legislative/ trade unions - what is a trade union

Answer 22

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

Question 23

resolving conflict- non legislative/ trade unions - what is a shop steward

Answer 23

-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

Question 24

resolving conflict- non legislative/ trade unions - what is collective bargaining

Answer 24

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

Question 25

industrial relations act 1990 - 1.defines what a legitimate trade dispute is

Answer 25

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

Question 26

industrial relations act 1990 - 2. clarify the steps that must be taken before a union is allowed to take official action

Answer 26

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 )

Question 27

industrial relations act 1990 - 3. primary and secondary picketing

Answer 27

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

Question 28

industrial relations act 1990 - 4. immunity

Answer 28

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

Question 29

types of industrial action that are legal (STOW)- official strike

Answer 29

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

Question 30

industrial relations act 1990 - token stoppage

Answer 30

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

Question 31

industrial relations act 1990 - overtime ban

Answer 31

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

Question 32

industrial relations act 1990 - working to rule

Answer 32

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

Question 33

impact on stakeholders of industrial action - employees

Answer 33

employees will not receive a wage during an official strike as they aren’t carrying out their duties. may also damage morale/ job satisfaction

Question 34

impact on stakeholders of industrial action - consumers

Answer 34

a work to rule action may slow down productivity of the business, so the consumer won’t receive the normal level of service

Question 35

impact on stakeholders of industrial action - investors

Answer 35

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

Question 35

impact on stakeholders of industrial action - employer

Answer 35

if employee morale falls, productivity may also fall, so they will have to try to improve it

Question 35

impact on stakeholders of industrial action - supplier

Answer 35

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

Question 35

impact on stakeholders of industrial action - government

Answer 35

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)

Question 36

unfair dismissals act 1977/2015- grounds for dismissal that are deemed to be fair are - incapable

Answer 36

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

Question 37

unfair dismissals act 1977/2015- grounds for dismissal that are deemed to be fair are - incompetent

Answer 37

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

Question 38

unfair dismissals act 1977/2015- grounds for dismissal that are deemed to be fair are - qualifications

Answer 38

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

Question 39

unfair dismissals act 1977/2015- grounds for dismissal that are deemed to be fair are - misconduct

Answer 39

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

Question 40

unfair dismissals act 1977/2015- grounds for dismissal that are deemed to be fair are - redundancies

Answer 40

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

Question 41

unfair dismissals act 1977/2015- grounds for dismissal that are deemed to be fair are - employment terms contravene the law

Answer 41

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

Question 42

unfair dismissals act 1977/2015- unfair dismissals

Answer 42

1 the employer didn’t follow the correct procedures(counsel, give formal warnings…) before dismissing the worker

2. 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
3. where they are discriminated against eg if an employee becomes pregnant, joins a trade union, has certain religious or political view
4. 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

Question 43

unfair dismissals act 1977/2015- redress for unfair dismissal - compensation

Answer 43

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

Question 44

unfair dismissals act 1977/2015- redress for unfair dismissal - reinstatement

Answer 44

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

Question 45

unfair dismissals act 1977/2015- redress for unfair dismissal - re-engagement

Answer 45

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

Question 46

unfair dismissals act 1977/2015- steps an employer should take to dismiss an employee - counselling

Answer 46

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

Question 47

unfair dismissals act 1977/2015- steps an employer should take to dismiss an employee - formal verbal warning

Answer 47

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

Question 48

unfair dismissals act 1977/2015- steps an employer should take to dismiss an employee - first written warning

Answer 48

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

Question 49

unfair dismissals act 1977/2015- steps an employer should take to dismiss an employee - inform the employee of reasons for dismissal

Answer 49

a written copy of the reasons for dismissal must be forwarded to the employee within 14 days of the dismissal

Question 50

unfair dismissals act 1977/2015- steps an employer should take to dismiss an employee - employees right of appeal

Answer 50

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

Question 51

employment equality act 1988/2015 - what is employment discrimination

Answer 51

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

Question 52

the role of the WRC in resolving cases of discrimination - mediation services

Answer 52

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

Question 53

the role of the WRC in resolving cases of discrimination - adjudication

Answer 53

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

Question 54

functions of the workplace relations commission (WRC) - advisory council

Answer 54

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

Question 55

functions of the workplace relations commission (WRC) - conciliation

Answer 55

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

Question 56

functions of the workplace relations commission (WRC) - mediation

Answer 56

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

Question 57

functions of the workplace relations commission (WRC) - adjudication

Answer 57

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

Question 58

functions of the workplace relations commission (WRC) - compliance/ inspection service

Answer 58

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

Question 59

functions of the labour court- investigate complaints as a court of last resort

Answer 59

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

Question 60

functions of the labour court- arbitration

Answer 60

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

Question 61

functions of the labour court- code of practices

Answer 61

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

Question 62

functions of the labour court- register agreements

Answer 62

they register employment agreements for employers and employees. these are useful for parties to refer to when future industrial conflicts arise