Employee Conflict Resolution Mixed
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Questions and Answers

Which of the following are classified as legal trade disputes? (Select all that apply)

  • Picketing at the employer's home
  • Dismissal of a worker (correct)
  • Political disagreements
  • Discrimination (correct)

    • Picketing the employer’s home is considered a legal form of protest.

    False

    What is the primary function of the Workplace Relations Commission?

    To deal with industrial relations dispute claims

    A dispute concerning __________ is considered illegal and not a legitimate trade dispute.

    <p>politics</p> Signup and view all the answers

    Match the following types of industrial action with their legal status:

    <p>Peaceful picketing = Legal Secondary picketing = Illegal unless specific conditions are met Picketing with violence = Illegal Picketing the employer's home = Illegal</p> Signup and view all the answers

    What is required for the official industrial action procedure to start?

    <p>A legal trade dispute</p> Signup and view all the answers

    Secondary picketing is legal in all circumstances under trade dispute laws.

    <p>False</p> Signup and view all the answers

    What must an employer receive before industrial action is initiated?

    <p>A minimum of 7 days' notice</p> Signup and view all the answers

    What is the primary role of a mediation officer (MO) in the WRC Mediation Services?

    <p>To facilitate negotiation</p> Signup and view all the answers

    The decisions made by the Labour Court (LC) regarding disputes under INDRA are legally binding on the parties.

    <p>False</p> Signup and view all the answers

    What does WRC stand for?

    <p>Workplace Relations Commission</p> Signup and view all the answers

    The WRC Compliance and Inspection Services monitor employment conditions to ensure compliance with __________ rights legislation.

    <p>employment</p> Signup and view all the answers

    Match the WRC services with their functions:

    <p>Conciliation = Chairing conferences to reach consensus Mediation = Facilitating negotiation between parties Adjudication = Investigating disputes under employment law Compliance = Monitoring employment conditions</p> Signup and view all the answers

    Which of the following is NOT a ground of discrimination under the Employment Equality Act 1998-2015?

    <p>Race</p> Signup and view all the answers

    Parties involved in WRC Conciliation Services can be compelled to reach an agreement.

    <p>False</p> Signup and view all the answers

    What happens if a dispute is not resolved through WRC Mediation Services?

    <p>It goes for adjudication by an adjudication officer.</p> Signup and view all the answers

    The Labour Court serves as a court of last ________ in industrial relations matters.

    <p>resort</p> Signup and view all the answers

    What role do WRC inspectors have?

    <p>To monitor compliance with employment legislation</p> Signup and view all the answers

    Which of the following are bases of discrimination prohibited under the Employment Equality Act 1998-2015? (Select all that apply)

    <p>Equal pay</p> Signup and view all the answers

    Harassment under the Employment Equality Act includes only verbal complaints.

    <p>False</p> Signup and view all the answers

    What is the primary obligation of employers regarding harassment in the workplace?

    <p>Ensure a harassment-free working environment.</p> Signup and view all the answers

    The WRC involves _______ and adjudication in handling discrimination disputes.

    <p>mediation</p> Signup and view all the answers

    Match the grounds for unfair dismissal with their descriptions:

    <p>Pregnancy = Dismissal due to interference with work performance Political or Religious Beliefs = Dismissal because of personal beliefs Incompetency = Failure to carry out required duties Trade Union Membership = Dismissal due to union activities</p> Signup and view all the answers

    Which of the following is NOT a ground for unfair dismissal?

    <p>Lack of qualifications</p> Signup and view all the answers

    All dismissals are considered fair unless proven otherwise by the employer.

    <p>False</p> Signup and view all the answers

    What is the purpose of the WRC's mediation process?

    <p>To reach an agreement between the parties involved.</p> Signup and view all the answers

    Every employment contract must contain an _______ clause.

    <p>equal pay</p> Signup and view all the answers

    Under the Unfair Dismissals Act, what is required for an employee to bring a claim after dismissal?

    <p>Within 6 months of dismissal</p> Signup and view all the answers

    Under the Unfair Dismissals Act 1977-2015, what must an employee be entitled to during a dismissal process?

    <p>To know the reasons for their dismissal</p> Signup and view all the answers

    An employee has the right to represent themselves during a dismissal hearing.

    <p>False</p> Signup and view all the answers

    What is the burden of proof for an employer when justifying a dismissal?

    <p>The employer must show that there were substantial grounds justifying the dismissal.</p> Signup and view all the answers

    The first step in the dismissal procedure is __________.

    <p>Counselling/Advice</p> Signup and view all the answers

    What follows a Formal Verbal Warning if there is still no improvement in performance?

    <p>Formal Written Warning</p> Signup and view all the answers

    Match the following dismissal procedures with their descriptions:

    <p>Counselling/Advice = Initial step where the issues are discussed Formal Written Warning = Written notice given after verbal warnings Final Written Warning = Last chance before dismissal Dismissal = Termination of employment</p> Signup and view all the answers

    Constructive dismissal occurs when an employee's working conditions become intolerable.

    <p>True</p> Signup and view all the answers

    What are the three forms of redress available upon winning an unfair dismissal case?

    <p>Monetary compensation, reinstatement, reengagement.</p> Signup and view all the answers

    If dismissal procedures are not properly followed, it is generally regarded as __________.

    <p>unfair</p> Signup and view all the answers

    What is a significant cause of industrial disputes?

    <p>Discrimination</p> Signup and view all the answers

    An official strike does not require a secret ballot of the employees.

    <p>False</p> Signup and view all the answers

    What action occurs when employees do only the minimum required according to their contracts?

    <p>Work to Rule</p> Signup and view all the answers

    An __________ is a brief work stoppage to highlight worker frustrations.

    <p>Token Stoppage</p> Signup and view all the answers

    Which of the following is NOT a type of industrial action?

    <p>Pay Leave</p> Signup and view all the answers

    Customers are affected negatively by industrial actions.

    <p>True</p> Signup and view all the answers

    What is a productivity pay claim?

    <p>A claim for a wage increase in return for improved productivity.</p> Signup and view all the answers

    A __________ is illegal if workers strike without giving notice to the employer.

    <p>wildcat strike</p> Signup and view all the answers

    Match the type of claim to its correct description:

    <p>Cost of living claim = Claim due to rising costs and inflation Relativity claim = Claim to restore pay relationships among workers in different categories Comparability claim = Claim for wage increases due to similar positions in other firms Productivity pay claim = Claim for wage increases in return for improved productivity</p> Signup and view all the answers

    What role does a shop steward primarily serve?

    <p>First contact for union members' concerns</p> Signup and view all the answers

    An overtime ban can specifically cause disruptions during peak times.

    <p>True</p> Signup and view all the answers

    What is the primary aim of the Industrial Relations Act 1990?

    <p>To promote improved industrial relations by outlining procedures for disputes.</p> Signup and view all the answers

    Employers suffer loss of _________ and profits due to industrial action.

    <p>productivity</p> Signup and view all the answers

    Which type of industrial action is characterized by employees performing their duties slowly?

    <p>Go Slow</p> Signup and view all the answers

    Trade unions provide representation for workers in discussions with the government.

    <p>True</p> Signup and view all the answers

    Study Notes

    Industrial Dispute Causes

    • Pay Levels: Disagreements over wages often stem from factors like:

      • Productivity Pay Claim: Employees demand pay increases in exchange for improved productivity, often tied to new technology implementation.
      • Comparability Claim: Workers seek pay raises mirroring those of similar positions in other companies, aiming for parity.
      • Relativity Claim: Workers demand salary adjustments to maintain pay relationships with other groups, like teachers, gardaí, and nurses.
      • Cost of Living Claim: Workers request wage increases to offset rising costs and inflation, protecting their purchasing power.

    • Working Conditions: Issues related to the work environment, such as health and safety concerns, job security, and workload can lead to disputes.

    • Discrimination: Unequal treatment based on factors like gender, race, religion, disability, age, and other protected characteristics can fuel disputes.

    • New Technology: The introduction of new technology can create tension, as employees may fear job displacement or changes in their roles.

    • Demarcation: Disputes arise when different groups of workers disagree over who performs specific tasks, leading to jurisdictional clashes.

    • Trade Union Recognition: Conflicts can emerge when employers refuse to recognize a trade union representing employees, hindering collective bargaining efforts.

    • Unfair Dismissal: Employees may dispute dismissals they deem unfair based on grounds such as pregnancy, trade union membership, or discrimination.

    Industrial Action

    • Official Strike: A complete withdrawal of labor where employees have voted in favor and the dispute is legally recognized.
      • Officiality Requires:
        • Secret ballot with majority vote in favor of strike action.
        • Consent from the Irish Congress of Trade Unions (ICTU).
        • Legal recognition under the Industrial Relations Act (1990, known as INDRA).
        • Minimum of seven days' notice given to the employer.
      • Benefits of Officiality: Immunity from legal action related to the strike for employees.
    • Work to Rule: Employees adhere strictly to their contractual obligations, refusing to work beyond the specified minimum, slowing down productivity.
    • Overtime Ban: Employees refuse to work overtime, causing disruptions, especially during peak periods.
    • Token Stoppage: A brief work stoppage to highlight employee frustration and demonstrate a willingness for further action.
    • Go Slow: Employees perform their duties slowly, intentionally reducing productivity.

    Industrial Action Sufferers

    • Employers: Suffer financial losses through reduced productivity, lost profits, damaged public image, and compromised brand loyalty.
    • Employees: Face a loss of pay, potential pension consequences, and disruption to their income stream.
    • Government: Experiences reduced tax revenue, both directly through PAYE and indirectly through reduced VAT from decreased sales.
    • Customers: Suffer from disruptions, delays, and poor product or service quality.

    Trade Union Membership

    • Reasons for Joining:
      • Job Security: Unions advocate for job security and offer support during potential job losses, negotiating fair redundancy packages.
      • Pay and Working Conditions: Unions utilize collective bargaining to secure better pay and improved workplace conditions for their members.
      • Conflict Negotiation: Unions act as representatives for their members during trade disputes, negotiating on their behalf.
      • Representation: Unions advocate for their members in discussions with the government and social partners to shape industrial relations policies.

    Shop Steward Functions

    • Elected Union Representative: Acts as the point of contact for union members facing workplace issues.
    • Conflict Resolution Specialist: Attempts to resolve issues amicably, but will escalate to higher union levels when necessary.
    • No Authority to Authorize Work Stoppages: Requires approval from appropriate union levels.
    • Essential Link: Bridges communication between employers and employees, helping to prevent smaller issues from escalating.
    • Updates and Recruitment: Keeps both union leaders and fellow employees informed of significant developments and recruits new members.

    Non-Legislative Industrial Action Resolution

    • Focus on Conflict Resolution Without Official Intervention:
      • Personal Approach: Direct communication between parties involved to attempt resolution.
      • Negotiation: Facilitated discussions between both sides to find a mutually agreeable solution.
      • Conciliation: An impartial third-party (Industrial Relations Officer) assists both parties in finding a solution through consensus.
      • Arbitration: A neutral party listens to both sides and makes a legally binding decision.
      • Grievance Procedure: Uses pre-defined steps within the employment contract for resolving disputes.

    Industrial Relations Act 1990 (INDRA 1990)

    • Goal: Facilitates improved industrial relations by establishing procedures for handling and resolving disputes.
    • Key Provisions:
      • Trade Dispute Definition: Outlines the scope of disagreements that qualify as industrial disputes.
      • Legal Trade Disputes: Specific topics that are eligible for legal protection and resolution under the Act.
      • Illegal Trade Disputes: Specifies disputes not covered by the Act due to their nature, such as internal business disagreements, political-based disagreements, and closed shop agreements.
      • Official Commercial Action Procedure: Outlines steps for legally recognized strikes.
        • Requirements: Legal trade dispute, ICTU consent, secret ballot with majority vote, seven-day notice to the employer.
        • Legal Protection: Immunity from legal claims for unions and members involved in official strike action.
      • Picketing Rules: Defines regulations for striking employees, including peaceful picketing at the employer's premises.
      • Trade Union Formation Requirements: Sets the criteria for establishing legally recognized trade unions.
      • Workplace Relations Commission (WRC): Establishes the WRC, an independent body responsible for industrial relations dispute resolution.

    Workplace Relations Commission (WRC)

    • Established: On October 15, 2015, under the Workplace Relations Act 2015.
    • Functions:
      • Conciliation Services: Provides a neutral third-party (Industrial Relations Officer) to assist in resolving disputes through consensus.
      • Mediation Services: Offers a confidential and voluntary process with a Mediator to facilitate compromise.
      • Adjudication Services: Reviews and makes legally binding decisions on disputes after mediation fails.
      • Advisory Services: Provides advice to employers, employees, and representatives on industrial relations issues.
      • Codes of Practice: Develops written guidelines for appropriate conduct in various workplace scenarios.
      • Compliance and Inspection Services: Monitors employment conditions to ensure compliance with employment rights law.

    Labour Court (LC)

    • Role: Acts as the last resort for industrial relations disputes.
    • Functions:
      • Investigates Trade Disputes under INDRA: Investigates disputes and provides recommendations for settlement.
      • Hears Appeals from Adjudication Officer: Reviews decisions made by the Adjudication Officer and issues legally binding orders.
      • Joint Labour Committees (JLCs): Established to regulate employment standards and minimum wages for specific sectors.
      • Investigates Code of Practice Violations: Reviews complaints of code of practice violations and interprets code provisions.
      • Registers Employer-Union Agreements: Recognizes and enforces legally binding agreements between employers and unions.

    Employment Equality Act 1998-2015 (EEA 1998-2015)

    • Purpose: Prohibits discrimination in the workplace based on nine protected characteristics.
    • Key Provisions:
      • Discrimination Definition: Defines discrimination as less favorable treatment based on any of the nine protected grounds.
      • Prohibited Grounds for Discrimination:
        • Nine Protected Grounds: Gender; civil status; religion; familial status; sexual orientation; disability; membership of the Travelling Community; political views; age (between 18-65).
      • Discriminatory Bases: Outlines the specific areas where discrimination is prohibited, including recruitment, promotion, equal pay, working conditions, training, dismissal, and harassment.
      • Harassment Definition and Prohibition: Defines harassment as unwelcome and offensive conduct based on discriminatory grounds, including verbal, written, and physical acts.
      • Equal Pay Clause: Requires all employment contracts to include an equal pay clause, ensuring equal pay for equal work.
      • WRC’s Role in Investigating Discrimination Cases: The WRC investigates cases of discrimination through voluntary mediation or formal adjudication.

    Unfair Dismissals Act 1977-2021 (UDA 1977-2021)

    • Purpose: Protects employees from unfair dismissal.
    • Defining Unfair Dismissal: Dismissals are considered unfair unless justified by specific reasons, and the burden of proof lies with the employer.
    • Grounds for Unfair Dismissal:
      • Pregnancy: Dismissal based on pregnancy or related needs.
      • Trade Union Membership: Dismissal due to union activity.
      • Unfair Redundancy: Dismissal for discriminatory reasons, such as cherrypicking specific employees.
      • Race: Dismissal based on a person's race or ethnic background.
      • Membership of Traveling Community: Dismissal due to membership of the Traveling Community.
      • Political or Religious Beliefs: Dismissal because of political or religious beliefs.
      • Legal Proceedings: Dismissal for pursuing legal action against the employer.
      • Age: Dismissal due to age unless under 16 or at normal retiring age.
    • Grounds for Fair Dismissal:
      • Qualifications: Lacking qualifications for the job or failing to obtain necessary qualifications.
      • Misconduct: Unacceptable behavior in the workplace like intoxication, drug use, or theft.
      • Incompetency: Inability to perform job duties, poor work performance, or failing to meet targets.
      • Redundancy: Layoffs due to economic reasons, declining demand, or increased competition.
      • Legal Reasons: Dismissal due to legal constraints.
      • Incapability: Persistent absenteeism, lateness, or long-term illness affecting job performance.
    • Dismissal Rights of Employees: Employees are entitled to know the reasons for dismissal, to respond to those reasons, and to a fair, impartial hearing with representation.
    • Dismissal Procedure: Outlines a structured approach for disciplinary action, including counseling, verbal and written warnings, and a final warning before dismissal.

    Dismissal Procedure

    • Counselling/Advice: Initial step in dismissal procedure, where the employer informs the employee about performance issues, providing specific details. The employee is given a chance to explain their side, seek representation, and receive assistance (training, support materials) to improve.

    • Formal Verbal Warning: Issued if counselling fails. The employer verbally informs the employee about potential dismissal due to continued poor performance. Regular reviews and opportunities for improvement are provided.

    • Formal Written Warning: Follows if the formal verbal warning is ineffective. This step can lead to a final written warning, suspension without pay, transfer to another role, or dismissal.

    Unfair Dismissal

    • Redress: Employees can take unfair dismissal cases to the Workplace Relations Commission (WRC) under the Unfair Dismissals Act 1977-2015. Decisions can be further appealed to the Labour Court. Winning cases offer different forms of redress.
    • Redress Forms:
      • Monetary Compensation: The most common remedy, compensating employees for financial losses. It is capped at 104 weeks' pay.
      • Reinstatement: The employee is treated as if they were never dismissed, receiving back pay and any benefits gained during the dismissal period. This remedy is rarely used.
      • Reengagement: The employee returns to work, with no break in service, but potentially in a new role or with altered terms of employment.

    Constructive Dismissal

    • Definition: Occurs when an employer creates an unbearable work environment, forcing an employee to resign.
    • Cases: The employee must prove that the resignation was justified due to intolerable working conditions, such as bullying. The burden of proof lies with the employee to demonstrate unfair dismissal under constructive dismissal.

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    This quiz explores the various causes of industrial disputes, focusing on pay levels, working conditions, and discrimination. Understand the factors driving disagreements between employees and employers, including productivity claims and the impact of new technology. Get insights into how these issues affect the workplace environment.

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