Unit 1 Chapter 3 EmployerEmployee Relations Industrial relations is the term used to describe the relations existing between employers and employees in the workplace It can also refer to the history of disputes between an employer and the employees ID: 536688
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Industrial Relations Conflicts
Unit 1 – Chapter 3Slide2
Employer/Employee Relations
Industrial relations is the term used to describe the relations existing between employers and employees in the workplace. It can also refer to the history of disputes between an employer and the employees.Slide3
Class Exercise
In 200 words, what do you think are the causes of, and solutions to, industrial action in a business?Slide4
Benefits of Good Industrial Relations
Quick Solutions
Problems, when they arise, will be sorted out quickly.
High Morale
There will be a good atmosphere in the workplace and greater morale among the workforce.
Increased productivity
Productivity will increase and so profits will rise.
Continuous Production
Production will bot be stopped so the firm will not face the risk of delayed or cancelled orders.
No bad publicity
The firm will avoid the bad publicity normally associated with industrial disputes.Slide5
Causes of Industrial Disputes
Claims for better pay and reward systems by workers.
Claims for better working conditions.
The threat of redundancies.
Changes employers want to make in work practices.
Claims of unfair treatment of workers, discrimination or unfair dismissals.
Demarcation issues, i.e. Disputes about who does which tasks in the workplace.
Disagreement about the promotion of employees.
Introduction of new technology.
Relocation of staff.Slide6
Pay Claims
Cost of living claim:Inflation – A claim for a wage increase made by workers to compensate them for an increase in the cost of living.
Comparability claim:
Similar work, different firm – A claim for a wage increase made by workers after an increase is awarded to other workers doing similar work in another firm.
Relativity claim:
Different work, same firm – A claim for a wage increase made by workers after an increase is awarded to their colleagues.
Productivity claim:
Improved work rate – A claim for a wage increase made by workers in return for an improvement in productivity.Slide7
Trade unions
Trade unions are organisations that are set up by workers to represent the interests of workers.
Functions of trade unions:
Give workers strength in acting together through the union.
Negotiate with employers for better pay and conditions of work.
Organise and represent the workers in trade disputes.
Help to protect workers’ job security.
Provide services for their members such as insurance and savings schemes.
Lobby for laws protecting workers.Slide8
Irish Congress of Trade Unions
Negotiate with employers and government.Promote trade union membership.
Help resolve disputes between member unions.
Sanction all-out strikes.
Research developments in industrial relations.
Provide education and training for union members.
Promote mergers between unions for the benefit of their members.Slide9
Class Assignment
Trade Unions: Friend or Foe? 200 words by Wednesday,Slide10
Non-legislative conflict resolution
NegotiationAll parties in the dispute sit down, discuss the issues and agree an acceptable solution.
This may necessitate both sides making compromises.Slide11
Non-legislative conflict resolution
ConciliationThis is an attempt by a third party to settle a dispute by hearing both sides and suggesting a solution
This is a non-binding recommendation.Slide12
Non-legislative conflict resolution
ArbitrationBoth parties to a dispute request a third party to investigate the issues and make a recommendation.
Both parties agree in advance to accept their finding.Slide13
Non-legislative conflict resolution
Collective BargainingNegotiations between employers and unions are called collective bargaining.
When both sides agree, a collective agreement is drawn up.
In Ireland in recent years, this has been called
social partnershipSlide14
Legislative conflict resolution.
There are four main pieces of legislation to solve workplace conflicts.
The Industrial Relations Act 1990
Unfair Dismissals act 1977/1993
Employment Equality Act 1998
Data Protection Act 1988Slide15
The Industrial Relations Act 1990
The main points of the Act are:
Only disputes between employers and employees are legitimate trade disputes.
A union must conduct a secret ballot of workers in deciding to go on strike.
Picketing of the workplace is allowed as long as it is peaceful.
Secondary picketing of another workplace is allowed only if the picketers believe that the second employer is helping the first employer to frustrate the strike action.Slide16
The Industrial Relations Act 1990
One week’s notice of industrial action should be given to the employer.
The employers cannot get a court injunction to stop picketing where the union has followed the correct procedures for going on strike.
Unions and workers cannot be sued for damages related to industrial action if the correct procedures have been followed.Slide17
The Industrial Relations Act 1990
The Industrial Relations Act established the following organisations and individuals which can be involved in resolving conflicts:
The Labour Relations Commission (LRC)
The Labour Court
Rights Commissioner
Employment Appeals Tribunal Slide18
Unfair Dismissals Act 1977-93
The Act covers all employees between the ages of 16 and 66 who have worked over eight hours per week for a period of more than one year.
The burden of proof is on the employer to show that the dismissal was
fair
.
This law was enacted to protect workers from being dismissed by their employer for unfair reasons.Slide19
Unfair Dismissals Act 1977-93
Unfair grounds for dismissal are:Pregnancy
Race
Membership of the travelling community
Membership of a trade union
Taking strike action
Sexual orientation
Political or religious beliefsSlide20
Unfair Dismissals Act 1977-93
If dismissing an employee, proper procedures must be followed, including a verbal warning followed by written warning.
Fair grounds for dismissal are:
Worker misconduct
Worker incapable of doing the job
Worker not properly qualified
Necessary redundancy to remain competitiveSlide21
Unfair Dismissals Act 1977-93
Employees have the following rights:To know the reasons for their dismissal
To reply or argue against those reasons
To be represented at any hearing on the dismissal
That any hearing should be fair.
Actions an employee can take:
Complain to the employer
Complain to the Rights Commissioner
Bring their complaints to the Employment Appeals Tribunal.Slide22
Unfair Dismissals Act 1977-93
A constructive dismissal
would occur where the working conditions of an employee are made so intolerable by the employer that the employee has to leave.
Example:
An employee in the Customer Service department of a travel agency complained to her boss that she was being ‘bullied’ by her colleagues. She complained to management who ignored her comments. She walked out of the job saying that she was ‘forced out’ because management ignored her complaint. A Rights Commissioner found that she had been unfairly dismissed and awarded her six months’ wages.Slide23
The Employment Equality Act 1998
Discrimination against employees is outlawed under nine specific grounds.
Gender
Marital Status
Family Status
Sexual Orientation
Religious Belief
Age
Disability
Race
Membership of the Travelling CommunitySlide24