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
Question B
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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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
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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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