Resolving industrial conflict What is industrial relations? Industrial Relations Act 1990 Resolving industrial conflict Labour Court Employment Equality

Resolving industrial conflict

What is industrial relations?

Industrial Relations Act 1990

Resolving industrial conflict

Labour Court

Employment Equality Acts 1998 – 2002

Unfair Dismissals Acts 1977 – 2007

Trade Unions

4

What is industrial relations?

• Refers to relationship between employer and employees

• Good working relations are made through meetings between employers and unions

• Issues are discussed and resolved to avoid conflicts

• Legislative methods for resolving industrial conflict Industrial Relations Act 1990 Employment Equality Acts 1998–2002 Unfair Dismissals Acts 1977–2007

Chapter 4: Resolving industrial conflict



Established an improved framework for industrial relations,

which helps to solve trade disputes

Seven main provisions

Immunity: trade unions and workers are immune from

claims resulting from industrial action

Trade dispute: between employers and workers about terms

of employment

Minimum notice: unions must give employers one week’s

notice of strike



Established an improved framework for industrial relations,

which helps to solve trade disputes

Secret ballot: unions must hold a secret ballot before a

strike is authorised

Legitimate trade dispute: states which issues are valid for an

industrial dispute (e.g. dismissal, trade union recognition,

pay and discrimination)

Labour Relations Commission: established by act to resolve

industrial disputes

Requirements to form a trade union: needs 1,000 members

and a deposit


Labour Court

• Offers a free service to resolve industrial disputes

• Is an industrial relations tribunal not a court of law

• Investigates disputes under Industrial Relations Act 1990

• Hears both sides of a dispute and issues a recommendation

• Is the court of last resort, only used when other efforts have failed


Resolving Industrial conflict

The following can play a part in resolving conflicts

The Labour Relations Commission (LRC):

promotes industrial relations and settles trade disputes

The Labour Court:

free service to resolve industrial relations issues

Rights Commissioner:

a service of the LRC and carries out

independent investigation of disputes


Employment Equality Acts 1998-2002


• Outlaws direct and indirect discrimination at work for both the private and public sector

• Grounds for unlawful discrimination under the legislation: Gender (male or female) Marital status (single, married, separated, divorced or widowed) Family status (pregnant) Religion Age (over 18 and under 65) Race (skin colour, nationality or ethnicity) Disability Traveller community Sexual orientation

Unfair Dismissals Act 1997-2007 (part 1)

• Aims to protect employees aged 16 to 66 with one year’s continuous service with an employer

• Grounds for fair dismissal: Employee no longer capable, competent or qualified for job Misconduct by employee in workplace (e.g. theft) Redundancy, because of a decline in business


Unfair Dismissals Act 1997-2007 (part 2)

• Grounds for unfair dismissal Trade union membership Pregnancy Religion Being a member of the Travelling community Suing the employer Going on strike

• Constructive dismissal Employee’s working conditions made

intolerable by employer


Dismissals procedure

• Standard procedure by employer when taking disciplinary action Counsel employee, point out what is wrong Verbal warning Written warning Final written warning Suspension (with or without pay) confirmed in writing Employee dismissed

• Employees can appeal their dismissal if they believe it is unfair


Trade Unions

• Functions of a trade union To protect members and ensure their job security To gain improvements in wages and working conditions To negotiate for members in trade union disputes To co-operate with agencies (e.g. IBEC) and the government

in wage agreementsExample: ASTI (Association of Secondary Teachers, Ireland)

• Types of industrial action Picketing: protest outside place of work Strikes: workers withdraw labour




Documents

Resolving industrial conflict What is industrial relations? Industrial Relations Act 1990 Resolving industrial conflict Labour Court Employment Equality