CHAPTER 3
CONFLICT IN THE WORKPLACE
Section one: industrial relations (General)
Definition: the relationship between management and staff.
A bad industrial relations climate leads to:
1. Low morale/poor motivation.
2. "sick days".
3. High turnover of staff.
4. Disputes.
Reasons for poor industrial relations:
1. Pay and conditions.
2. Discrimination.
3. Autocratic managers.
4. Changes in work conditions
5. Lack of communication.
6. Lack of grievance procedure.
Trade unions:
Definition: organisations that represent the interests of employees.
Benefits of union membership to employees.
 More power than individual
 Skilled negotiators
 Keep their members informed
 Help stop unfair dismissals
 Improve safety
 Help prevent discrimination
 Provide other services
Benefits of unions to employers:
 easier to deal with one.
 Maintain discipline during disputes
 Also agreements registered
Closed shop.
Functions of a shop steward (elected).
 Handles complaints from other workers
 Keeps workers informed of union decisions
 Keeps union informed of what is going on in the workplace
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Recruit new members
Makes sure employers keep their side of the bargain
S.I.P.T.U.
I.C.T.U.
Industrial action :
Unofficial disputes / illegal trade disputes.
Wild cat or lightning strikes.
Types of industrial action:
1. Strike (picket).
2. Work to rule.
3. Go-slow.
4. Sympathetic action.
5. Demarcation dispute.
6. Overtime ban.
Types of a pay claim:
1. Cost of living
2. Comparability.
3. Relativity (not same job).
4. Productivity.
Internal resolution to industrial relations conflict.
Steps:
1. Shop steward.
2. Follow grievance procedure (should be fair, simple and fast).
Example: supervisor, department head, Human Resource manager, Panel to report
in 10 days.
If there is no union, workers should talk directly to the manager responsible, or to
the human resource manager.
The Industrial relations Act 1990.
This act deals with two areas.
1. Trade union law.
2. Industrial relations law.
1. Trade union law.
 Trade unions immune from damages for any legal actions taken in pursuit of a
legal trade dispute.
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Must be secret ballot before strike.
Must be one weeks notice before a strike
1000 members
Secondary picketing is illegal
Picketing must be peaceful
2. Industrial relations law.
This Act set up the Labour Relations Commission.
The purpose of the LRC is to:
 Promote good industrial relations.
 Resolve trade disputes
 Reduce the caseload of the Labour Court
It does this by:
1. It provides a conciliation service (employer v employees). Industrial Relations
Officer. Appeal to Labour Court.
2. Rights commissioner. One worker. Appeal to LC.
3. Equality officers. Equality and discrimination. Fines for obstructing
investigations. Appeal to LC.
4. Helps in drawing up codes of practice for industrial relations and disputes.
5. Advisory service about law and good human resource practice.
6. Assists Joint Labour Committees (set up by Labour Court to protect the
vulnerable (foreign immigrant workers) or non-union workers).
7. Assists Joint Industrial Councils (voluntary bodies set up in certain industries to
help solve disputes).
This Act also reformed the Labour Court.
The court of last resort. Will only handle disputes sent by Labour Relations
Commission or at the request of the Minister for Enterprise and Employment. Its
functions are:
1. A court of Appeal.
2. It can investigate disputes and make recommendations if asked to by The
Minister For Enterprise And Employment or if both parties agree. Not legally
binding.
3. Provides binding arbitration.
4. Registers employment agreements.
5. Establishes the Joint Labour Committees, who will come up with Employment
Regulation Orders that can be enforced by the law courts.
Unfair dismissals act 1977/93.
Only grounds for dismissal concerning an employee who has one year's service, for
at least 8 hours a week are:
 Incompetence (lack of qualifications).
 Misconduct (disobedience, violence, "going sick").
 Redundancy.
Procedure for dismissal:
 Advising the employee.
 Verbal warning.
 Two written warnings.
 Suspension with or without pay.
 dismissal
The burden of proof on the employer.
Constructive dismissal not allowed.
The Act also applies to " back-to-back " contracts.
Enforcement: Rights Commissioner; Employment Appeals Tribunal; Law courts.
Redress: reinstatement; another acceptable job; compensation to a maximum value
of two years salary.
2007 change to this law
Against the law to dismiss on the grounds of;
 colour
 age
 unfair selection for redundancy
 taking Parental Leave or Carer’s Leave
 being involved in legal proceedings against the employer.
Employment Equality Act 1998
The Act defines discrimination as the treatment of one person in a less favourable
way than another person is, has been, or would be treated.
The Act covers nine areas where discrimination may occur. These are:
1. Gender.
2. Marital status.
3. Family status.
4. Sexual orientation.
5. Religion.
6. Age.
7. Disability.
8. Racial status.
9. Membership of the travelling community.
The Act outlaws harassment or sexual harassment of employees by anyone while
they are at work.
The Act defines sexual harassment as: all unwelcome sexually offensive acts whether
they are physical, spoken, written, gesticulated, or pictorial (of a sexual nature).
The Act allows positive discrimination for people over 50, disabled people, or
members of the travelling community.
The act also set up the Equality authority and the Office of the Director of Equality
Investigations
Functions of The Equality Authority:
 To work to eliminate discrimination in the workplace.
 To promote equality of opportunity.
 To inform the public.
 To assist people in bringing complaints.
The Office of the Director of Equality Investigations
The director appoints Equality Officers who have powers to interview anyone, enter
premises, or draw inferences from refusals.
The director's decisions, that may involve awarding damages up to 3 years salary,
are enforceable by a circuit court.
The Employment Appeals Tribunal
Consists of a chairperson and a representative from employers and employees
organisations.
It is an independent body that hears disputes regarding unfair dismissals.
Its decisions (called a determination) are legally binding and can only be appealed to
the High Court on a point of law.
Non Legislative Methods
 Negotiation
 Follow a grievance procedure
Pay Bargaining
Individual bargaining. Can happen during performance appraisal or promotion.
Free Collective bargaining.
National Agreements.
National Agreements
Gov invites Social Partners to negotiate a 3year agreement.
Social Partners= Employers, TUs, farmers, unemployed, voluntary and community
organisations and the gov itself.
They try to reach agreement on:
 Wages
 Tax change
 Social Welfare
 Gov spending
 Infrastructure development
Benefits of National Agreements
 Certainty/Stability makes economic development possible
 Once off agreement avoids dealing with multitude of groups
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Controls inflation
Reduces strikes
More willing to take on staff
Problems
 Difficult to allow for changing economic situations
 3% of a low wage wont buy much