Crisis And Conflict Management
Conflict in the Workplace
Lecture 28
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CONFLICT IN THE WORKPLACE
1. WHAT ARE INDUSTRIAL RELATIONS
This is the term used to describe the relations between
the management of a firm and its employers.
• If Industrial relations are good employees will be well
motivated and as a result morale and productivity will be
high.
• If industrial relations are poor employees will be a lot
less motivated and productivity low with a high labor
turnover.
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2. What is a trade union?
Is a body representing employee’s views with their
employers? Union members elect a shop steward to
represent them in negotiations with the employers.
Reasons for joining a trade union
1. Increased bargaining power – one voice as a
representative
2. Having a skilled negotiator on behalf of employees
3. Greater job security if the union is powerful
4. Higher standard of living for members
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3. What causes industrial disputes?
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Pay disputes
Working conditions
Unfair dismissals
Promotion
Poor industrial relations
Introduction to new technology
Discrimination
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4. What action can the
employee/employer take in an industrial
conflict?
Getting Legal Approval
Before organising a strike or any other form of industrial action a
trade union must follow the rules set out in the Industrial
Relations Act 1990. This states that
“a union cannot organise a strike or any other industrial action
without getting members majority approval”
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Official disputes are ones which have received the approval
of workers in a secret ballot and are confirmed by the ICTU.
The union must them decide the type, the timing of the
industrial action.
Unofficial disputes have no ICTU or union approval.
A wildcat or lightning strike is an unofficial dispute where no
advance notice is given to management
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Deciding on the action to take
1)
2)
3)
4)
Token stoppages involve employees stopping work
for a short period of time to demonstrate their
feeling to management
Work to rule is where employees refuse to
undertake any work outside the terms of their
employment contract
A go slow occurs when employees carry out the
minimum amount of work they can get away with
without jeopardising their basic pay
All out strike means employees stop working and
leave the premises
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5) Picketing involves walking up and down outside the
work place indicating a strike is in process
Feb 2009 – public sector workers in Ireland picketing
outside their employers premises
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How can an employer respond to strike
Some employers may attempt a lock out to break the
strike. This can occur when an employer locks out or
suspends employees during an industrial dispute.
This is seen as trying to break the strikers morale.
A more reasonable approach is to start negotiating a
settlement with those involved. This may result in
talks between employees unions and employers. If
unresolved it may lead to help from the LRC or failing
that the Labour Court
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What are the consequences of industrial
relations conflict for a business
1.
2.
3.
4.
5.
Industrial relations conflict can affect the business
in the following way.
Reduced productivity, increased costs
Loss of profits
Damage to public image
Difficulty in recruiting & keeping staff
Wasted time and energy
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5. How an industrial relations conflict between
employees/employers can be resolved
Internal Solutions
1.
2.
3.
Take the complaint to the union shop steward
The union shop steward will follow the grievance
procedure agreed with the employer
If no union, agreed employees should talk directly to
manager responsible or to the HR manager
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Help from the LRC
4. Agreement of both sides, the matter is taken to the
LRC which provides the following conflict resolution
services.
Conciliation services (for group conflict resolution)
Rights Officer Service (for individual conflict
resolution)
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Getting Help From the LABOUR COURT
5. This is seen as the last resort for industrial
disputes. It provides an ARBITRATION
SERVICE for group conflict resolution.
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6. What is the LRC?
THE Labor Relations Commission was established to assist in
settling disputes and to promote good industrial relations. The
LRC provides the following services
1. Conciliation service – the LRC provides an Industrial
Relations Officer (IRO). He/she listens to both side’s arguments
and then recommends a settlement.
2. Codes of practice – rules, practices to be followed when
dealing with conflict. The LRC offers guidance to firms drawing
up code of practice.
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3. Equality services - the LRC provides equality officers in
investigating disputes under Employment Act (1998). It relates to
issues on discrimination in the workplace. When investigating
they can enter premises and seek records they need.
4. Rights commissioner service – looks into disputes involving
individual workers or small groups of workers concerning unfair
dismissals or maternity leave etc. any recommendations of the
rights commissioner can be appealed to in the Labour Court.
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5. The LRC assists Joint Labour Committees (JLC) and Joint
Industrial Councils (JIC). The JLC is a body set up by the
labour court to investigate rates of pay, work conditions
for workers that have no union. A JIC is a voluntary body
set up to solve disputes that may arise in a particular
industry.
6. The Industrial Relations Advisory Service offers advice to
employers and unions on industrial relations matters. It
also helps firms to understand the root of the problems
that cause conflict.
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7.The Labour Court
F
The Labour Court is a court of last resort in industrial disputes:
Functions of the Labour Court
1)To resolve disputes that the LRC feel that they cannot sort out
2)To resolve any conflict that LRC feel they cannot investigate
3) To resolve disputes that are referred to by minister of employment /enterprise
4)To resolve disputes of exceptional circumstances
Court of appeal
The labour court hears appeals against recommendations of equality officers
under the Employment Act (1998).
Joint labour committees (JLC) and Employment Regulations Order
The labour court establishes JLC’s & employment regulation orders following the
recommendations of the JLC.
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Enforcement
The labor court has inspectors of the Dept. of enterprise, trade and
employment; they may begin proceedings on behalf of employees against
employers for poor conditions in the workplace.
Investigating breaches of codes of practice
The labor court investigates breaches of codes of practice, provided the
LRC has first considered the complaint.
Registering employment agreements
Agreements negotiated between employers and employees can be
registered with the Labor court. These agreements once registered
become legally binding.
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8.What is the role of the (EEA)
employment equality agency
The employment agency acts to eliminate against any
discrimination between the treatment of employees in the
workplace.
• It was established in association with the Employment
Equality Act 1977.
• It is responsible for ensuring that the employment equality
legislation is obeyed by employers
• This legislation states that it is illegal to discriminate on the
grounds of religion, sex or marital status.
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Main services of the EEA
1. Advises employers on their responsibilities and
employees on their rights regarding equality issues.
2. Monitors the equality legislation to ensure it is
being properly implemented.
3. Investigates complaints concerning any
discrimination against individual employees. This
work is done by equality officers.
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9. Role of the (EAT) Employment Appeal
Tribunal
The EAT is responsible for ensuring that firms obey
the Unfair Dismissals Act 1977-93. It investigates any
disputes between employees/employers concerning
sackings, redundancy.
Note: Compensation must be paid to employees up to
a maximum of two years if a firm is guilty of unfair
dismissals
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10. How Industrial Relations are
conducted at national level
Since 1987 national agreements have been negotiated
between the social partners every three years.
The social partners include:
• Government representatives
• Employers representatives – IBEC
• Employees representatives – ICTU
• Farmers – IFA
• Community Organisations
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Summary
• Conflict in workplace
• What is a trade union?
• What causes industrial disputes?
• How an industrial relations conflict between
employees/employers can be resolved
• Role of the (EAT) Employment Appeal Tribunal
• How Industrial Relations are conducted at national level
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Thank you
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