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Business LC
Unit 1 Chp 3: Resolving Conflict in the Workplace
| Term | Definition |
|---|---|
| Adjudication officers | These work in the WRC and are statutorily independent in their decision making duties when adjudicating on disputes. S/he holds a hearing where both parties are heard and evidence presented. Hearings are heard in private. AO will decide on the matter and give a written decision in relation to the complaint. Decision of the AO can be appealed to the Labour Court |
| Arbitration | Arbitration is where the settlement of a dispute or conflict is sent before one or a group of independent persons for adjudication. The parties in conflict agree in advance whether the recommendation is binding or not. |
| Closed Shop | Closed Shop is a workplace where you must be a member of a trade union. Can only happen if prior agreement between the employer and the union. |
| Collective Bargaining | Collective Bargaining involves a group of employees negotiating collectively, usually through a Trade Union, with their employer over wages. |
| Comparability Claim | Comparability Claim arises where employees want similar pay/conditions to workers doing comparable work in a different business. (Pilots in Ryanair Vs Aer Lingus). |
| Conciliation | Conciliation is a voluntary process for resolving disputes where an independent third party gets all sides to listen to each other’s arguments, then to discuss the issues and negotiate a settlement. |
| Constructive Dismissal | Constructive Dismissal occurs when an employer makes working conditions for an employee so difficult that the employee is forced to leave their job(resign), e.g. bullying, Burden of proof lies with the employee. Employee must prove that the employers conduct was so unreasonable that the resignation was justified. Before resigning, the employee should've tried every other possibility to solve the issue with the employer |
| Discrimination | Discrimination is the treatment of one person in a less favourable way than another person is, has been or would be treated in a comparable situation |
| Grievance Procedure | Grievance Procedure refers to the rules to be followed by unions or employees when raising and resolving serious complaints and industrial disputes. |
| Illegal Trade Dispute | Illegal Trade Disputes are disputes prohibited by law, for example a dispute over how the management run the business or political differences. |
| Industrial Relations Dispute | Industrial Dispute is a legal term referring to any conflict between employees and employers. |
| Industrial Relations | Industrial Relations refers to the quality of the relationship that exist between the owners and the employees in an organisation. |
| ICTU | Irish Congress of Trade Unions (ICTU) is the body that speaks and acts for all unions affiliated to it at national and international level. |
| Irish Human Rights and Equality Commission | Irish Human Rights and Equality Commission is Ireland’s national human rights and equality institution. It is an independent public with a mandate established under the Irish Human Rights and Equality Commission Act 2014 (IHREC Act 2014). Its purpose is to protect and promote human rights and equality in Ireland and build a culture of respect for human rights, equality and intercultural understanding across Irish society. It promotes equality of treatment and opportunity in employment. |
| Joint Industrial Councils | Joint Industrial Councils (JIC’s) are voluntary bodies consisting of employer and worker representatives used as negotiating bodies for certain industries. |
| Joint Labour Committees | Joint Labour Committee (JLC) is set up by the Labour Court as a forum for negotiating minimum pay and conditions in industries where many workers do not have union protection and may be exploited. e.g. hotel and fast-food work. |
| Labour Court | Labour Court is the “Court of Last Resort” in industrial relations. (Circumstances of investigation to be learned separately). |
| Mediation | Mediation is a voluntary process which needs to have both sides agreeing to participate and to work towards resolving the problem. It ensures that all the sides are heard and the participants are involved in finding an agreed solution. |
| Mediation Officer | Mediation Officer is an independent person in the WRC who empowers the parties to a dispute to negotiate their own agreement on a clear and informed basis, should each party wish to do so. The process is voluntary and either party may terminate it at any stage. |
| Mediation Service | Mediation Service: The WRC may offer a mediation service to facilitate the resolution of employment rights complaints or disputes without the use of adjudication. They may only be referred for mediation with the agreement of both parties to the complaint or dispute. Where a complaint/dispute is not resolved, it will be referred for adjudication. Where a complaint/dispute is resolved by the Mediation Officer will record it and the terms of a resolution are binding on the parties |
| Official Disputes | Official Disputes are disputes which have received the approval of workers in a secret ballot and are confirmed by the ICTU. |
| Picketing | Picketing involves walking up and down outside the workplace indicating a strike is in progress and placards being held to communicate the grievance. |
| Primary Picketing | Primary Picketing takes place at the location where the employer in the dispute works or carries on a business. |
| Productivity Claim | Productivity Claim occurs where workers seek improved pay and conditions as a reward for increasing their output and efficiency. |
| Relativity Claim | Relativity Claim occurs where one group of workers want to maintain a pay ratio between themselves and another group. (Chefs Vs Waiters) |
| Secondary Picketing | Secondary Picketing refers to the placing of pickets at the location of a second employer who is not directly involved in the dispute. It is ILLEGAL, except where it is reasonable for the workers to believe that the second employer is directly assisting the first employer to overcome the industrial action and prolong or frustrate the dispute. |
| Shop Steward | Shop Steward is a spokesperson elected by employees to act as their official union representative in the workplace. |
| Social Partners | Social Partners are representatives of the government, employers (IBEC), employees (ICTU), farmers (IFA) and community organisations. |
| Trade Union | Trade Unions are organisations that represent the interests of employees by speaking and negotiating on their behalf with employers. |
| Unofficial Disputes | Unofficial Disputes have no union or ICTU approval and workers receive no strike pay. |
| Workplace Relations Commissions | (WRC) assists in the settling of disputes by acting as a neutral arbitrator. The WRC was established on 1 October 2015 under the Workplace Relations Act 2015. It has taken over the functions of the National Employment Rights Authority, the Labour Relations Commission and the Director of the Equality Tribunal. It has also taken over some of the functions of the Employment Appeals Tribunal (EAT). The Labour Court, which is now the single appeal body for all workplace relations appeals. |
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adrianw