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Evaluate the role of the Labour Court in dealing with industrial disputes. - Leaving Cert Business - Question C - 2008

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Evaluate the role of the Labour Court in dealing with industrial disputes.

Worked Solution & Example Answer:Evaluate the role of the Labour Court in dealing with industrial disputes. - Leaving Cert Business - Question C - 2008

Step 1

Investigates Industrial Disputes

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Answer

The Labour Court plays a crucial role in investigating industrial disputes. It issues recommendations for their settlement, ensuring that both parties are given a fair opportunity to present their cases.

Step 2

Conditions for Investigation

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The Labour Court is required to investigate a dispute only if it receives a report from the Labour Relations Commission (LRC) indicating that no further resolution can be achieved. This ensures that the Labour Court's involvement is justified and necessary.

Step 3

Intervention by Labour Court

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Should the LRC refuse to investigate a dispute, the Labour Court can intervene if exceptional circumstances are present. This decision is often influenced by the recommendations made at the request of the Minister for Enterprise Trade and Employment.

Step 4

Public Interest and Trade Disputes

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In situations where trade disputes affect the public interest, or when the LRC conducts inquiries into trade disputes of significant importance, the Labour Court may take action based on the findings provided.

Step 5

Binding Recommendations

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If the parties in a dispute agree to be bound by recommendations made by the Labour Court, these recommendations become obligatory. This element makes the Labour Court's role significant in resolving disputes efficiently.

Step 6

Establishment of Joint Labour Committees

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The Labour Court has the authority to establish Joint Labour Committees, which are responsible for producing employment regulations that are enforceable in law. This directly impacts working conditions and employee rights.

Step 7

Registration Functions

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The Labour Court also has responsibilities related to the registration of various organizations, including Trade Unions and Employers' Organizations. This adds an essential administrative function to its role.

Step 8

Acting as a Court of Appeal

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Finally, the Labour Court acts as a court of appeal for decisions made by lower bodies, providing a pathway for parties to seek further review and ensuring that justice is upheld in employment-related matters.

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