Resolving conflict in the workplace
Causes of industrial conflict
1) Conflict over pay and working conditions 2) Conflict over redundancies or dismissals 3) Conflict over discrimination of staff
Shops steward
A shops steward is a spokesperson elected by employees in a workplace to act as their local union representative.
All out strike
An All-out strike means all union members in an organisation are ordered by the ICTU to stop working and leave the premises.
Compulsory redundancy
Arises when employees are not given a choice and must leave.
Codes of practice
Codes of practice are a set of recommended voluntary rules used in industrial relations to solve disputes.
Collective Bargaining
Collective Bargaining occurs when the employer negotiates collectively with a group of employees, usually through a trade union representative.
Comparability claim
Comparability claim arises where employees want similar pay and conditions to workers doing comparable work in a different company.
Conciliation Service
Conciliation Service for disputes involving large numbers of employees. Means that an Industrial Relations officer at the LRC assists employers and union representatives to sort out their differences and negotiate a situation themselves.
Consequences of strikes
Consequences include : Business = -Sales are lost and profits fall. -Competitors can use it as an opportunity to gain market share -The reliability and reputation of a business will be undermined -Recruitment and retention of high-quality staff is made more difficult -Time and energy is diverted into solving the dispute instead of concentrating on the main work of the business. Employees = - staff loses wages while on strike and their savings get used up - their job security may be undermined Customers = - goods and services are not available which will inconvenience customers Suppliers = - strikes can cause a loss of sales and undermine the profitability of suppliers Investors = - Loss of output, sales and profits will mean a reduction in dividends and undermine a firm's ability it pay the interest on loans Economy = - Strikes can mean a loss of wages spent and circulated in the economy Government = Strikes mean a loss of tax revenues for the government including income tax, VAT and corporation tax.
Cost-of-living claim
Cost-of-living claim arises when employees want their wages to keep up in inflation
Director of Equality Investigation
Director of Equality Investigation is responsible for actually investigating complaints concerning referred by the Equality Authority.
Employment Appeals Tribunal
Employment Appeals Tribunal (EAT) is the state body responsible for ensuring that firms obey the Unfair Dismissals act 1977-2007. The EAT investigates and resolves disputes between workers and employers concerning sackings or redundancies. It's decisions are legally binding
Employment Equality Act 1998
Employment Equality Act 1998 is the law that says it is illegal to discriminate against anyone at work on the basis of : 1) gender 2) marital state 3) Family status 4) age 5) disability 6) race 7) sexual orientation 8) religious belief 9) being a traveller
Equality mediator
Equality mediator can be appointed for less serious complaints. The equality mediator will use conciliation to work with both parties to reach a mutually acceptable settlement.
Equality officer
Equality officer investigates serious cases and provides an arbitration service.
Go-slow
Go-slow occurs when employees carry out the minimum amount of work they can get away with without jeopardising their basic pay.
Grievance procedures
Grievance procedures refers to the rules agreed between employers and staff when raising workplace issues.
National wage agreements
In Ireland national wage agreements covering pay and other issues are sometimes negotiated between the social partners. The main social partners comprise representatives of the government, employers (through IBEC) and employees (through ICTU)
Individual Bargaining
Individual Bargaining occurs when the employer negotiates individually with an employee. This can happen in a business where union membership is small.
Industrial Relations Act 1990
Industrial Relations Act 1990 is the law that sets out the rules concerning industrial disputes and strikes. According to this law : - Disputes must be legitimate - Unions must hold a secret ballot - Unions must give at least one week's advance notice - An employer cannot sue unions or employees for loss of earnings arising from an official dispute
Industrial dispute
Industrial dispute is a legal term referring to any conflict between workers and employers.
Industrial relations
Industrial relations refers to the quality of the relations that exist between the managers and the employees in an organisation.
Irish Congress of Trade Unions
Irish Congress of Trade Unions is the body that speaks and acts for all unions in the Republic of Ireland. The ICTU does the following : - acts as a negotiator on behalf of all unions in dealings with the government, the EU and national employers organisations such as IBEC. -Promotes the benefits of union memberships among the general public. -Resolves disputes and disagreements between different Unions. -Provides training, education and research services for unions and their members.
Joint Labour Committees
Joint Labour Committees as a forum for negotiating minimum pay and conditions in industries where many workers do not have union protection
Labour Relations Commission
Labour Relations Commission is a state agency that he;ps to resolve industry disputes.
Official disputes
Official disputes are legitimate trade disputes that have received approval of a majority of workers in a secret ballot, along with trade union and ICTU support.
Overtime bans
Overtime bans occur where workers refuse to work extra hours.
Picketing
Picketing involves employees and trade union officials walking up and down outside the workplace indicating a strike is in progress.
Primary picketing
Primary picketing of the employer's workplace is allowed as long as its peaceful.
Productivity claim
Productivity claim occurs where workers seek improved pay and conditions as a reward for increasing their output and efficiency.
Redundancy
Redundancy occurs when workers are let go from a job because there is no longer enough work for them to do.
Relativity claim
Relativity claim occurs where one group of workers want to maintain higher pay than another group
Rights Commissioner Service
Rights Commissioner Service for disputes involving just one or a small group of workers concerning unfair dismissal, maternity leave or disciplinary procedures.
Secondary picketing
Secondary picketing of another business is not involved in the dispute is illegal unless the strikers legitmately believe that the second employer is assisting the first employer to frustrate the strike action.
Social Partnership
Social Partnership refers to the process whereby the government, employers and employees agree pay and conditions national. The purpose of Social Partnership is to create a more stable and predictable economic environment for business, unions and government to plan and operate within.
Equality Authority
The Equality Authority is the state agency responsible for ensuring that businesses do not break equality laws. Its main functions are : -To monitor the operation of all equality legislation. -To advise employers, employees and customers of the legal rights and responsiblities. -To assist people with equal complaints
Labour Court
The labour court is "the court of last resort" in industrial disputes.
Arbitration Court
This means that the labour Court investigates a dispute and recommends a solution. If both sides agree in advance to accept the decision of the court, then it is called binding arbitration.
Token stoppages
Token stoppages involve workers stopping work for a short period of time to demonstrate their strength of feeling to the employer.
Trade Union
Trade unions are organisations that represent the views and interests of employees in matters concerning pay and conditions of employment.
Unfair Dismissials Act 1977 to 2007
Under the Unfair Dismissals Acts 1977 to 2007 circumstances in which unfair dismissal can occur are where: Your employer terminates your contract of employment, with or without notice or You terminate your contract of employment, with or without notice, due to the conduct of your employer. This is known as constructive dismissal If you are dismissed from your employment, you may, under certain conditions, bring a claim for unfair dismissal against your employer. The unfair dismissals legislation does not actually protect you from dismissal, rather it provides a system of appeal whereby you can question the fairness of your dismissal after it has occurred.
Unofficial disputes
Unofficial disputes have no union or ICTU approval. According to the Industrial Relations Act 1990, these disputes are illegal. Do not have legal protection against being sued by an employer for compensation due to lost sales or profits arising from the strike. May receive no support from their union.
Voluntary redundancy
Voluntary redundancy is offered to those who wish to apply for it.
Local Pay Bargaining
When employers or employees want to change the pay or other conditions of employement, a process of negotiation called local bargaining can be followed.
Wildcat strike
Wildcat strike is a type of unofficial dispute where no advance notice or warning is given to management. Wildcat strikes usually flare up suddenly over some issue, are very short and tend to be resolved quickly.
Work-to-rule
Work-to-rule means employees only do their basic job and nothing more.
Constructive dismissal
a dismissal is considered fair if : - the employee was incompetent or incapable of doing work properly - the employee's conduct was unacceptable - The job had become redundant