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A trade dispute is any dispute between employers and workers connected with the employment or non-employment or the terms or conditions of the employment of any person, according to the definition of a ______.
trade dispute
Legal trade disputes may include dismissal or suspension of a worker, pay or conditions of employment, and ______.
redundancies
An illegal trade dispute includes disagreements concerning the running of the ______.
business
For official industrial action, there must be an ______ trade dispute as defined under INDRA 1990.
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Peaceful picketing is ______, while picketing with violence or intimidation is illegal.
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The Workplace Relations Commission (WRC) is an independent statutory body established on 15th October 2015 under the Workplace Relations ______.
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Picketing the employer's home is ______.
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The Workplace Relations Commission provides services such as conciliation, mediation, and ______.
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WRC Conciliation Services involve a neutral and impartial third party known as an __________.
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In WRC Mediation Services, either party may terminate the process at any __________.
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If a dispute cannot be resolved through mediation, it goes for adjudication by an __________ officer.
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WRC Advisory Services help employers and employees develop positive working __________.
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The Labour Court (LC) is not a court of __________.
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The Employment Equality Act 1998-2015 defines __________.
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Under the EEA 1998-2015, employees are protected against discrimination on 9 distinct __________.
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If parties cannot reach a resolution in conciliation, they may refer the dispute to the Labour __________.
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WRC Compliance and Inspection Services monitor employment conditions to ensure compliance with __________ rights legislation.
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WRC Codes of Practice draft sets of written rules that define how persons or bodies must act in given __________.
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One cause of industrial disputes is poor ______.
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In an official strike, employees must notify the employer at least ______ days in advance.
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The refusal to work overtime can cause significant disruption, especially during ______.
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A ______ stoppage involves employees briefly stopping work to demonstrate their frustration.
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During a 'work to rule' action, employees do only what is required by their ______.
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Employers suffer loss of ______ during an industrial action.
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A ______ claim is a request for a wage increase due to rising costs and inflation.
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Trade unions are often involved in ______ negotiations to secure better conditions for workers.
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The ______ serves as the link between the employer and the employee in a workplace.
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Under the Industrial Relations Act 1990 (INDRA 1990), disputes must follow certain ______ for resolution.
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Employees involved in an unofficial strike lack ______ against being sued by employers.
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An example of a non-legislative resolution is ______.
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A ______ ban involves employees refusing to do additional hours beyond their contracted time.
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Unions help in maintaining ______ for their members during disputes.
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A claim for a wage increase based on similar increases awarded to others is called a ______ claim.
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Incapability refers to an employee's ______, such as persistent lateness or absenteeism.
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Under the Unfair Dismissals Act 1977-2015, an employee is entitled to know the ______ for their dismissal.
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The employer must follow a ______ procedure when taking disciplinary action against an employee.
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A copy of the reasons for dismissal must be given to the employee within ______ days of dismissal.
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The first step in the dismissal procedure is ______.
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If a formal verbal warning does not work, a ______ warning may be issued next.
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Employees can take unfair dismissal claims to the WRC’s ______ officer.
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One form of redress for unfair dismissal is ______, which treats the employee as if they were never dismissed.
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Constructive dismissal occurs when working conditions are so ______ that the employee has no option but to resign.
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The burden of proof lies on the employee in cases of unfair dismissal under ______ dismissal.
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The Employment Equality Act 1998-2015 prohibits discrimination in relation to recruitment and __________.
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Harassment, as defined by the Employment Equality Act, includes any conduct that is __________ and offensive.
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All contracts of employment must contain an equal pay __________ according to the Employment Equality Act.
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The WRC investigates cases of discrimination under the Employment Equality Act and can use __________ for resolving disputes.
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If mediation fails, the dispute may be referred to a WRC __________ officer for a formal inquiry.
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Under the Unfair Dismissals Act, all dismissals are deemed __________ unless the employer can justify them.
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Pregnancy is considered a ground for __________ dismissal under the Unfair Dismissals Act.
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Misconduct, such as theft or drug use, can be grounds for __________ dismissal.
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Workers employed for more than one year are primarily protected under the Unfair __________ Act.
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An employer must ensure that the workplace is free from __________, including sexual harassment.
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Study Notes
Industrial Disputes Causes
- Pay levels, working conditions, discrimination, new technology, demarcation, trade union recognition, and unfair dismissal are common causes of industrial disputes.
Industrial Action
- Industrial action includes official strikes, work to rule, overtime bans, token stoppages, and go-slows.
Official Strikes
- Official strikes involve a complete withdrawal of labor, require a secret ballot, consent from the Irish Congress of Trade Unions (ICTU), legal compliance with the Industrial Relations Act 1990 (INDRA 1990), and at least seven days' notice to the employer.
- Employees participating in official strikes have immunity from being sued for damages or losses caused to the employer.
- Unofficial strikes lack the necessary legal requirements and offer no immunity to employees.
- Lightning or wildcat strikes, where workers strike without employer notice, are illegal.
Work to Rule
- Employees refuse to work outside their minimum contractual agreements, performing only essential duties as outlined in their contracts.
- This tactic slows down productivity, as employees strictly adhere to the letter of the law when performing their work.
Overtime Ban
- Employees refuse to work overtime.
- This can significantly disrupt operations, particularly during peak periods.
Token Stoppage
- Employees briefly stop work to express dissatisfaction and highlight their concerns.
- This action serves as a warning, threatening further action if a satisfactory solution is not reached.
Go Slow
- Employees perform their duties at a significantly slower pace, intentionally reducing workplace productivity and effectiveness.
Industrial Action Sufferers
- Industrial action negatively impacts employers, employees, the government, and customers.
- Employers experience loss of productivity, profits, and public image, compromised brand loyalty, and potential damage to their image.
- Employees face loss of pay and potential pension consequences.
- The government experiences reduced direct tax revenue through PAYE (Pay As You Earn) due to lower employee wages and less indirect tax revenue through VAT (Value Added Tax) due to fewer goods sold.
- Customers may experience poor product or service quality and inconveniences.
Pay Claims
- Productivity Pay Claim: A claim for a wage increase in return for improved productivity, often linked to the implementation of new technology.
- Comparability Claim: A claim for a wage increase after similar workers in other companies receive raises, aiming to align wages with industry standards.
- Relativity Claim: A claim for a wage increase based on the principle of maintaining a previous pay relationship with other worker groups.
- Cost of Living Claim: A claim for a wage increase to compensate workers for rising costs and inflation, aiming to protect their purchasing power.
Reasons for Trade Union Membership
- Job Security: Unions leverage their strength to protect and secure jobs, negotiating for favorable redundancy packages for members if job losses occur.
- Pay and Working Conditions: Unions employ professional negotiators to bargain with employers and secure better deals for members than individual negotiation.
- Conflict Negotiation: Unions represent members involved in trade disputes, negotiating on their behalf.
- Representation: Unions represent workers in discussions with the government and social partners regarding industrial relations laws and agreements.
Shop Steward Functions
- Shop stewards are elected union representatives in the workplace acting as the primary point of contact for union members with workplace concerns.
- They strive to resolve issues through mutual benefit, escalating concerns to the union’s branch manager or higher levels if necessary.
- Shop stewards cannot authorize work stoppages.
- They foster a crucial link between employers and employees, potentially preventing minor issues from escalating into major disputes.
- They update the union on workplace developments and keep fellow employees informed of union decisions.
- They also recruit new union members.
Non-Legislative Industrial Action Resolution
- Industrial disputes can be resolved through negotiation, conciliation, arbitration, and grievance procedures without resorting to legal intervention.
Industrial Relations Act 1990 (INDRA 1990)
- The Industrial Relations Act 1990 (INDRA 1990) aims to improve industrial relations by outlining procedures for conducting and resolving industrial disputes.
- The act encompasses seven key provisions.
Provisions of Industrial Relations Act 1990
- Trade Dispute Definition: The Act defines a trade dispute as any disagreement between employers and workers related to employment or non-employment or the terms and conditions of employment.
- Legal Trade Disputes: The act identifies legal trade disputes including dismissal or suspension of a worker, pay or working conditions, redundancies, new technology, trade union recognition, demarcation, and discrimination.
- Illegal Trade Disputes: Disputes concerning the business's operation, political causes, and closed shop agreements are considered illegal.
- Official Industrial Action Procedure: Official strikes require legal trade dispute status, ICTU consent, a secret ballot with a majority vote in favor, and at least seven days' notice to the employer.
- Picketing Rules: The act outlines various rules governing picketing. Peaceful picketing is legal; primary picketing (directed at the employer in dispute) is legal; secondary picketing is generally illegal, except in specific circumstances. Picketing the employer's home or engaging in violence or intimidation is illegal.
- Trade Union Formation Requirements: The act outlines the requirements for forming a trade union.
- Established Workplace Relations Commission (WRC): The act established the Workplace Relations Commission (WRC) to address industrial relations disputes.
Workplace Relations Commission (WRC)
- The WRC is an independent statutory body established in 2015 under the Workplace Relations Act 2015.
- It plays a crucial role in resolving industrial relations disputes and has various functions.
Workplace Relations Commission’s Functions
- Conciliation Services: The WRC provides voluntary conciliation services, involving a neutral third party (Industrial Relations Officer - IRO) to facilitate dispute resolution.
- Mediation Services: The WRC also offers mediation services, a more formal approach where a Mediation Officer (MO) facilitates negotiations between parties.
- Adjudication Services: The WRC conducts adjudication where an Adjudication Officer (AO) investigates disputes, grievances, and claims, making legally binding decisions.
- Advisory Services: The WRC provides advice and assistance on industrial relations practices to employers, employees, and their representatives.
- Codes of Practice: The WRC drafts sets of written rules outlining appropriate conduct in specific situations, such as addressing bullying in the workplace.
- Compliance and Inspection Services: The WRC monitors employment conditions to ensure compliance with employment rights legislation.
Labour Court (LC)
- The Labour Court is not a legal court but serves as the court of last resort for industrial relations matters.
- It acts as an industrial relations tribunal.
- The Labour Court investigates trade disputes, hears appeals from Adjudication Officers, sets up Joint Labour Committees (JLCs), investigates breaches of codes of practice, registers agreements between employers and unions, and offers its opinion on the interpretation of codes of practice.
Employment Equality Act 1998-2015 (EEA 1998-2015)
- The Employment Equality Act 1998-2015 (EEA 1998-2015) defines discrimination, prohibits discrimination based on nine grounds, outlines discriminatory bases, defines and prohibits harassment, mandates an equal pay clause in employment contracts, and establishes the WRC as the body responsible for investigating discrimination cases.
Discrimination Definition
- The EEA 1998-2015 defines discrimination as treating an employee less favorably than another person or group based on any of nine distinct grounds.
Discrimination Grounds
- The nine grounds of discrimination under the EEA 1998-2015 are:
- Gender
- Civil Status
- Religion
- Familial Status
- Sexual Orientation
- Disability
- Membership of the Traveling Community
- Political Views
- Age (between 18 and 65)
Discrimination Bases
- The EEA 1998-2015 prohibits discrimination in areas such as recruitment and promotion, equal pay, working conditions, training, dismissal, and harassment.
Harassment
- The EEA 1998-2015 defines and prohibits harassment, including sexual harassment, as any unwelcome, offensive, humiliating, or intimidating behavior based on discriminatory grounds.
- Employers have an obligation to ensure a harassment-free work environment.
Equal Pay Clause
- The EEA 1998-2015 mandates an equal pay clause in all employment contracts, requiring equal pay for like work.
WRC Discrimination Investigation
- The WRC investigates discrimination cases in the workplace, using mediation and adjudication to resolve disputes.
WRC Discrimination Mediation
- Mediation is a voluntary, confidential process where the WRC attempts to facilitate an agreement between parties.
- Any agreement reached is legally binding on both sides.
WRC Discrimination Adjudication
- If mediation fails, the WRC's Adjudication Officer investigates the complaint and issues a legally binding decision.
- Remedies for discrimination may include monetary compensation, an order for equal pay or treatment, or an order requiring specific actions, such as changing job advertisement content.
Unfair Dismissals Act 1977-2021 (UDA 1977-2021)
- The Unfair Dismissals Act 1977-2021 (UDA 1977-2021) defines unfair dismissals, outlines grounds for unfair and fair dismissal, details the dismissal rights of employees, describes the dismissal procedure, clarifies redress for unfair dismissals, and includes provisions for constructive dismissal.
Unfair Dismissal
- The UDA 1977-2021 considers all dismissals unfair unless there are clear grounds to justify them.
- The burden of proof lies with the employer to demonstrate justification.
- Claims under the act must typically be brought within six months of the dismissal.
- It primarily applies to employees who have worked for a company for at least one year.
Grounds for Unfair Dismissal
- Unfair dismissal grounds under the UDA 1977-2021 include:
- Pregnancy
- Trade Union Membership
- Unfair Redundancy
- Race
- Membership of the Traveling Community
- Political or Religious Beliefs
- Employee Taking Legal Proceedings
- Age (unless under 16 or at normal retiring age)
Grounds for Fair Dismissal
- Fair dismissal justification under the UDA 1977-2021 includes:
- Qualifications
- Misconduct
- Incompetency
- Redundancy (with transparent selection criteria)
- Legal Reasons
- Incapability
Dismissal Rights of Employees
- Employees have the right to know the reasons for dismissal, to respond to those reasons, and to have an impartial hearing with independent representation.
Procedure for Dismissal
- The UDA 1977-2021 outlines standard disciplinary procedures for employers, clarifying that dismissals are presumed to be unfair unless justified.
- The employer must provide written reasons for dismissal within 14 days.
- Employees have the right to appeal the dismissal through a fair and impartial hearing.
Dismissal Procedure
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The standard dismissal procedure includes the following steps:
- Counseling/Advice
- Formal Verbal Warning
- Formal Written Warning
- Final Written Warning
- Dismissal### Dismissal Procedure
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The initial stage of dismissal is counselling, during which the employer informs the employee about the concerns and provides the employee with an opportunity to explain their side.
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The employer should be specific and detailed in explaining the issues and offer the employee the chance to have representation.
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Following counselling, if the issues are not resolved, a formal verbal warning is issued, outlining the reasons for possible dismissal.
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Frequent reviews are conducted during this time frame to ensure the employee is working towards improvement.
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If required, the employer should clarify the performance standards and time limits for achieving those standards.
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If the formal verbal warning does not result in improvement, a formal written warning is issued, potentially followed by a final written warning, suspension without pay, a transfer to another department or task, or dismissal.
Unfair Dismissal
- The Unfair Dismissals Act 1977-2015 provides recourse for employees who believe they have been unfairly dismissed.
- Employees can file unfair dismissal claims with the Workplace Relations Commission (WRC) Adjudication Officer.
- The Labour Court can review any decisions made by the Adjudication Officer.
- Three main forms of redress are available for successful claimants.
Redress Forms
- Monetary compensation is the most common remedy. It aims to cover financial losses, but does not compensate for emotional distress or stress caused by the dismissal.
- The maximum compensation is 104 weeks' pay. For example, in a scenario where a manager was wrongfully portrayed as an "employee from hell," they received €160,000 in compensation.
- Reinstatement treats the dismissal as if it never occurred. The employee is entitled to back pay from the dismissal date until the hearing date, including any favorable changes in employment terms (like pay raises). However, this remedy is rarely used.
- Re-engagement means the employee returns to work with no break in service but may not necessarily be in the same role or on the same terms.
Constructive Dismissal
- Under the Unfair Dismissals Act 1977-2015, constructive dismissal occurs when an employee resigns due to unbearable working conditions or intolerable treatment.
- It requires the employee to prove their resignation was justified.
- Examples include cases of workplace bullying.
- The employee bears the burden of proof to demonstrate unfair dismissal under constructive dismissal.
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Description
This quiz covers the definitions and types of trade disputes, including legal and illegal aspects as per the INDRA 1990. Learn about the roles of the Workplace Relations Commission and the implications of industrial actions. Test your knowledge on peaceful versus violent picketing and other related concepts.
