4
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
Chapter 4: Resolving industrial conflict
What is industrial relations?
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Refers to relationship between employer and employees
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Good working relations are made through meetings
between employers and unions
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Issues are discussed and resolved to avoid conflicts
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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
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Offers a free service to resolve industrial disputes
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Is an industrial relations tribunal not a court of law
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Investigates disputes under Industrial Relations Act 1990
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Hears both sides of a dispute and issues a recommendation
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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 1998-2002
•
Outlaws direct and indirect discrimination at work for both the
private and public sector
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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
Chapter 4: Resolving industrial conflict
Unfair Dismissals Act 1997-2007 (part 1)
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Aims to protect employees aged 16 to 66 with one year’s
continuous service with an employer
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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 1997-2007 (part 2)
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Grounds for unfair dismissal
 Trade union membership
 Pregnancy
 Religion
 Being a member of the Travelling community
 Suing the employer
 Going on strike
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Constructive dismissal
 Employee’s working conditions made
intolerable by employer
Chapter 4: Resolving industrial conflict
Dismissals procedure
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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
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Employees can appeal their dismissal if they believe it is unfair
Chapter 4: Resolving industrial conflict
Trade Unions
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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)
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Types of industrial action
 Picketing: protest outside place of work
 Strikes: workers withdraw labour
Chapter 4: Resolving industrial conflict
Chapter 4: Resolving industrial conflict