Employee Conflict Resolution MCQ

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Questions and Answers

Under the Employment Equality Act 1998-2015, which of the following is NOT illegal for employers to discriminate against?

Training or experience

Voluntary overtime shifts (correct)

Recruitment and promotion

Dismissal

What constitutes harassment under the Employment Equality Act 1998-2015?

Unwelcome and offensive acts on discriminatory grounds (correct)

Welcoming gestures and compliments

Dismissal due to job performance

Mandatory training sessions

Which of the following is a legally binding remedy that the WRC adjudication officer can issue?

Public confession

Changes to workplace dress code

Formal apology from the employer

Monetary compensation (correct)

What is a requirement for all contracts of employment under the Employment Equality Act 1998-2015?

An equal pay clause Signup and view all the answers

What must an employer prove to justify an unfair dismissal under the Unfair Dismissals Act 1977-2021?

That there were substantial grounds for the dismissal Signup and view all the answers

Which of the following is a ground for unfair dismissal according to the Unfair Dismissals Act 1977-2021?

Pregnancy Signup and view all the answers

What is the main purpose of WRC mediation in discrimination cases?

To reach an agreement between parties Signup and view all the answers

Which of the following actions illustrates harassment under the Employment Equality Act?

Inappropriate jokes on a discriminatory ground Signup and view all the answers

What happens if mediation efforts fail in a discrimination dispute?

It proceeds to WRC adjudication Signup and view all the answers

Under the Employment Equality Act 1998-2015, employees have the right to equal pay for what?

Like work Signup and view all the answers

What defines a legal trade dispute?

Disputes related to worker dismissal or pay conditions Signup and view all the answers

Which of the following actions must be taken for official industrial action to be considered legal?

A secret ballot must be held with majority support for action Signup and view all the answers

What is a characteristic of illegal trade disputes?

They can include disputes about how the business should be managed Signup and view all the answers

When is picketing considered secondary and illegal?

When the second employer assists the original employer to undermine the dispute Signup and view all the answers

Which action is permissible under the rules of picketing?

Primary picketing at the employer’s workplace Signup and view all the answers

What is the role of the Workplace Relations Commission?

To manage all claims concerning industrial relations disputes Signup and view all the answers

What is required for a valid trade union formation?

A majority of employees must agree to union terms Signup and view all the answers

What happens when all conditions for official industrial action are met?

Trade unions gain immunity from legal claims resulting from the action Signup and view all the answers

What is the primary goal of WRC conciliation services?

To facilitate resolution through consensus between disputing parties Signup and view all the answers

Which of the following statements about WRC mediation services is correct?

Both parties must agree for mediation to occur Signup and view all the answers

What is the role of the adjudication officer in WRC adjudication services?

To investigate and decide on disputes based on evidence presented Signup and view all the answers

What is one key function of the Labour Court in industrial relations?

To investigate trade disputes and issue legally binding determinations Signup and view all the answers

Under the Employment Equality Act 1998-2015, which of the following is NOT a ground for discrimination?

Age Signup and view all the answers

Which of the following accurately describes WRC codes of practice?

They draft written rules for various situations that must be followed Signup and view all the answers

In WRC compliance and inspection services, which action is typically taken by inspectors?

They visit workplaces to review employment-related documents and records Signup and view all the answers

What describes the nature of mediation according to WRC services?

A voluntary process that requires mutual agreement to begin Signup and view all the answers

If a dispute is unresolved after WRC mediation, what is the next step?

It will be adjudicated by an adjudication officer Signup and view all the answers

What does an employee need to prove to show discrimination under the Employment Equality Act?

They were treated less favorably in comparison to another person in a similar situation Signup and view all the answers

What is the initial step an employer must take in the dismissal procedure?

Counselling/Advice Signup and view all the answers

Under the Unfair Dismissals Act, what must an employee receive following a dismissal?

A copy of the reasons for dismissal Signup and view all the answers

What is required of the employer during the formal verbal warning stage?

To inform the employee of possible dismissal reasons Signup and view all the answers

Which of the following statements about constructive dismissal is true?

The conditions must be intolerable for the employee to resign. Signup and view all the answers

What is the maximum monetary compensation awarded for unfair dismissal?

104 weeks' pay Signup and view all the answers

What happens after formal written warning if no improvement is observed?

Final Written Warning Signup and view all the answers

Which of the following is NOT a form of redress for unfair dismissal?

Transfer to another job without conditions Signup and view all the answers

What is the onus of proof regarding the justification of a dismissal?

The employer must show substantial grounds. Signup and view all the answers

What must accompany the counselling advice step in the dismissal procedure?

Opportunity for employee representation Signup and view all the answers

What rights does an employee have during the dismissal process?

Right to obtain independent legal representation Signup and view all the answers

What is a key feature of an official strike?

Employees must provide at least 7 days' notice. Signup and view all the answers

Which type of pay claim seeks to adjust wages according to inflation?

Cost of living claim Signup and view all the answers

What action is involved in a 'work to rule' situation?

Employees adhere strictly to their job descriptions. Signup and view all the answers

What is the aim of a token stoppage?

To signal potential further action. Signup and view all the answers

Which statement is true regarding unofficial strikes?

They do not provide legal protections to employees. Signup and view all the answers

What is a common consequence for employees engaging in industrial action?

Loss of pay. Signup and view all the answers

Which of the following is an example of a non-legislative resolution to industrial disputes?

Negotiation Signup and view all the answers

What role does a shop steward serve in the workplace?

Acts as a representative and first point of contact for employee concerns. Signup and view all the answers

Which type of claim involves wage adjustments based on increases awarded to similar workers in different firms?

Comparability claim Signup and view all the answers

What can be a key disadvantage for customers during industrial action?

Poor product/service quality and inconveniences Signup and view all the answers

What is the primary aim of the Industrial Relations Act 1990 (INDRA 1990)?

To improve industrial relations and resolve disputes legally. Signup and view all the answers

Which type of industrial action involves employees working slowly to reduce productivity?

Go slow Signup and view all the answers

What are employers primarily concerned about during industrial action?

Loss of productivity and profits Signup and view all the answers

Which element is NOT typically considered a reason for industrial disputes?

Employee training programs Signup and view all the answers

Study Notes

Industrial Dispute Causes

Differences in pay levels can cause disputes.
Working conditions are a common source of disputes.
Discrimination in the workplace is a cause for dispute.
The introduction of new technology can lead to disputes.
Disputes over job roles and responsibilities, known as demarcation, are a common industrial relations issue.
Trade union recognition is a frequent point of contention.
Unfair dismissal is a major cause of industrial disputes.

### Types of Industrial Action

Official Strike: Complete withdrawal of labor, requiring a secret ballot, ICTU approval, and notice to the employer.
Work to Rule: Employees only perform the bare minimum of their duties, following contracts strictly.
Overtime Ban: Employees refuse to work overtime.
Token Stoppage: Employees briefly stop work to express dissatisfaction.
Go Slow: Employed perform tasks at a significantly slower pace.

### Consequences of Industrial Action

Employers: Loss of productivity, profits, public image, and brand loyalty.
Employees: Loss of pay, pension implications.
Government: Reduced tax revenue.
Customers: Poor product/service quality and inconveniences.

### Types of Pay Claims

Productivity Pay Claim: Wage increase based on improved productivity, often linked to new technology.
Comparability Claim: Wage increase based on increases awarded to similar roles in other companies.
Relativity Claim: Wage increase to restore previous relationships between similar worker categories.
Cost of Living Claim: Increase to compensate for rising costs and inflation.

### Reasons for Trade Union Membership

Job Security: Unions can fight to retain jobs and negotiate better redundancy packages.
Pay and Working Conditions: Unions can negotiate favorable terms with employers.
Conflict Negotiation: Unions negotiate on behalf of members involved in disputes.
Representation: Unions advocate for workers in discussions with the government and other social partners.

### Shop Steward Functions

Elected union representative within the workplace.
First point of contact for union members with concerns.
Attempt to resolve issues amicably before escalating to higher union levels.
Maintain communication between employer and employees.
Keep members informed of union decisions.
Recruit new members.

### Non-Legislative Industrial Action Resolution

Personal Approach: Attempting to resolve issues directly between parties.
Negotiation: Direct discussions between parties.
Conciliation: Third-party assistance to facilitate agreement.
Arbitration: Third-party makes a binding decision.
Grievance Procedure: Series of steps outlined in employment contracts to resolve disputes.

### Industrial Relations Act 1990 (INDRA 1990)

Aims to improve industrial relations by providing procedures for managing and resolving disputes.
Key Provisions:
- Trade Dispute Definition: Any disagreement related to employment, non-employment, or working conditions.
- Legal Trade Disputes: Disputes about dismissal, pay, working conditions, redundancy, new technology, union recognition, demarcation, and discrimination.
- Illegal Trade Disputes: Disputes about business operations, politics, and closed shop agreements.
- Official Industrial Action Procedure: Legally defined procedures for strikes, requiring ICTU consent, secret ballots, and notice to the employer.
- Picketing Rules: Peaceful picketing of the employer is legal.
- Trade Union Formation Requirements: Outlines requirements for establishing a trade union.
- Workplace Relations Commission (WRC): An independent statutory body responsible for industrial relations dispute resolution.

### Workplace Relations Commission (WRC)

Functions:
- Conciliation: Voluntary process where an IRO assists parties in reaching an agreement.
- Mediation: Voluntary process where a MO facilitates negotiations between parties.
- Adjudication: Investigates disputes and makes a legally binding decision, which can be appealed to the Labour Court.
- Advisory: Provides guidance and assistance on industrial relations matters.
- Codes of Practice: Develops written rules defining proper actions in specific situations.
- Compliance & Inspection: Monitors workplaces to ensure adherence to employment rights legislation.

### Labour Court (LC)

Court of last resort in industrial relations matters.
Functions:
- Arbitration: Hears both sides of a case and issues a recommendation, determination, decision, or order.
- Joint Labour Committees (JLCs): Sets minimum pay and employment conditions in specific sectors.
- Breach of Codes of Practice: Investigates complaints and gives opinions on code interpretation.
- Agreement Registration: Registers legally binding agreements.

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

Defines discrimination and prohibits it in the workplace based on nine grounds.
Key Provisions:
- Discrimination Definition: Less favorable treatment based on the nine grounds.
- Discrimination Grounds: Gender, civil status, religion, familial status, sexual orientation, disability, membership of the traveling community, political views, age (18-65).
- Discrimination Bases: Recruitment, promotion, pay, working conditions, training, dismissal, harassment.
- Harassment: Unwelcome and offensive conduct on a discriminatory ground, including verbal and physical actions.
- Equal Pay Clause: All contracts must include an equal pay clause, ensuring equal pay for like work.
- WRC Investigation of Discrimination Cases: The WRC handles discrimination disputes through mediation and adjudication.

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

Defines unfair dismissal and outlines grounds for fair and unfair dismissal.
Key Provisions:
- Unfair Dismissal: Dismissal without clear justification, with the onus on the employer to prove substantial grounds.
- Grounds for Unfair Dismissal: Pregnancy, trade union membership, unfair redundancy, race, traveling community membership, political or religious beliefs, legal proceedings, age.
- Grounds for Fair Dismissal: Lack of qualifications, misconduct, incompetence, redundancy, legal reasons, incapability.
- Dismissal Rights of Employees: Right to know reasons for dismissal, right to reply, right to an impartial hearing.
- Procedure for Dismissal: Standard procedure involving counselling, verbal warnings, written warnings, and final warning before dismissal.
- Unfair Dismissal Redress: Compensation, reinstatement, or reengagement.
- Constructive Dismissal: Occurs when the employer's actions make it impossible for an employee to continue working.

Dismissal Procedure

The initial step in the dismissal procedure is counseling.
The employer must clearly explain the issues and their reasons for concern to the employee.
The employee must be given an opportunity to defend themselves and seek representation if they wish.
The employer should provide assistance to improve performance, such as explanations, protocols, training, or support materials.
The employer must specify the required performance standard and timeframe for improvement.
If counseling fails, a formal verbal warning becomes the next step.
In this step, the employer verbally informs the employee about potential dismissal reasons and allows for improvement.
Frequent reviews with the employee are encouraged during this period.
If issues persist, the employer must reiterate that the performance does not meet the required standard.
The employer should ensure all possible assistance has been provided and push for improvement from the employee.
If the formal verbal warning is ineffective, a formal written warning follows.
This may be followed by a final written warning, suspension without pay, a transfer to another department, or a transfer to a different role.
If there is still no improvement, the employee may be dismissed, receiving their P45.

Unfair Dismissal Redress

The Unfair Dismissals Act of 1977-2015 provides recourse for employees who believe they have been unfairly dismissed.
Employees can file unfair dismissal claims with the WRC's adjudication officer.
Appeals against an adjudication officer's decision can be made to the Labour Court.
There are three forms of redress for a successful claim.

Redress Forms

Monetary compensation is the most common remedy. It covers financial loss only and cannot compensate for issues like emotional distress or stress caused by the dismissal. The maximum compensation award is 104 weeks' pay.
Reinstatement, though rarely used, entails treating the employee as if they were never dismissed. The employee is entitled to lost earnings from the dismissal date to the hearing date, as well as any positive changes to employment terms during that period.
Reengagement involves the employee returning to work without a break in service but not necessarily on the same terms or in the same job.

Constructive Dismissal

The Unfair Dismissals Act covers constructive dismissal.
Constructive dismissal occurs when an employee's working conditions are made so difficult, or their treatment is so intolerable, that they feel forced to resign.
An employee who resigns under such circumstances can pursue an unfair dismissal claim against the employer.
However, the employee must prove the resignation was justified.
The burden of proof to demonstrate unfair dismissal under constructive dismissal lies on the employee. This could include evidence of bullying.
Bullying in the workplace is an example of a situation that could lead to a constructive dismissal claim.

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Description

This quiz explores the various causes of industrial disputes, types of industrial action, and the consequences that follow. Understand the complexities of workplace conflicts and the different forms of labor disruption. Test your knowledge on the dynamics of industrial relations.