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

Industrial Relations Act 1990 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 Chapter 4: Resolving industrial conflict

Industrial Relations Act 1990 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 Chapter 4: Resolving industrial conflict

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 Chapter 4: Resolving industrial conflict

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 Chapter 4: Resolving industrial conflict

Employment Equality Acts Chapter 4: Resolving industrial conflict 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 (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 Chapter 4: Resolving industrial conflict

Unfair Dismissals Act (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 Chapter 4: Resolving industrial conflict

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 Chapter 4: Resolving industrial conflict

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 agreements Example: ASTI (Association of Secondary Teachers, Ireland) Types of industrial action  Picketing: protest outside place of work  Strikes: workers withdraw labour Chapter 4: Resolving industrial conflict