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Evaluate any two of the following legislative approaches to solving conflict: (i) Small Claims Court; (ii) Labour Relations Commissioner; (iii) Employment Appeals Tribunal. - Leaving Cert Business - Question B - 2013

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Evaluate any two of the following legislative approaches to solving conflict: (i) Small Claims Court; (ii) Labour Relations Commissioner; (iii) Employment Appeals Tr... show full transcript

Worked Solution & Example Answer:Evaluate any two of the following legislative approaches to solving conflict: (i) Small Claims Court; (ii) Labour Relations Commissioner; (iii) Employment Appeals Tribunal. - Leaving Cert Business - Question B - 2013

Step 1

Small Claims Court

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114 rated

Answer

The Small Claims Court deals with consumer and business claims relating to goods or services purchased for private use, up to a maximum value of €2,000. This court provides a streamlined process for individuals to seek legal remedies without needing to employ a solicitor.

How does the Small Claims Court operate?

  • Both parties to the dispute are encouraged to make their case and reach an agreed settlement without the participation of solicitors.
  • Decisions on cases are typically made by the registrar of the court or can be escalated to a judge if required.

Evaluation

The Small Claims Court is a beneficial tool for quick dispute resolution, as it is designed to be user-friendly and accessible. However, the cap on the amount that can be claimed may limit its effectiveness for larger disputes.

Step 2

Labour Relations Commission

99%

104 rated

Answer

The Labour Relations Commission (LRC) is vital for promoting good industrial relations practices and providing a range of services designed to assist employers, trade unions, and employees.

How does the Labour Relations Commission operate?

  • The LRC offers a Conciliation Service and a Workplace Mediation Service to facilitate voluntary agreements between conflicting parties.
  • It provides guidance related to employment rights through the Rights Commissioner Service, ensuring minimum wage and workplace safety.
  • The LRC also appoints Equality Officers to address discrimination complaints and engages in continual monitoring of industrial relations.

Evaluation

The Labour Relations Commission has a significant role in mediating disputes, which can prevent escalation into formal legal proceedings. However, its reliance on voluntary compliance may limit its authority in more adversarial situations.

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