Resolving Disputes (Leaving Cert Business): Revision Notes

Resolving Disputes

Non-Legislative ways of resolving disputes

To solve disputes, employees and employers can engage in

1. Communication
2. Negotiation
3. Conciliation
4. Mediation
5. Arbitration

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6. Communication: The company (through the Human Resources Manager) and employee (through the shop steward) discuss how to potentially solve the problem.
7. Negotiation: Both parties compromise and agree an acceptable solution.
8. Conciliation: An independent third party (conciliator) guides the disputing parties to help them reach a resolution. However, this is not legally binding.
9. Mediation: An independent third party (mediator) encourages mutual agreement by giving suggestions on how the problem can be solved.
10. Arbitration: An independent third party (arbitrator) makes a binding decision on a dispute. Both parties agree to abide by the decision before the arbitration process.

Legislative ways of resolving disputes

Under the Industrial Relations Act 1990, employees are protected when engaging in industrial action. This empowers employees and allows them to take action when disagreements cannot be resolved through negotiation.

• Trade disputes must be about the terms and conditions of an employees employment. Disagreements over government policy or how the business is run are not legal trade disputes.
• Before any industrial action, a secret ballot must take place. Employers must also be given 7 days notice of any strike occurring.
• Picketing involves employees standing outside their workplace with signs and placards to indicate that a strike is taking place.
• It is illegal for a business to sue employees or a trade union for loss of business arising from a strike, provided a secret ballot took place and 7 days notice was given.

The Workplace Relations Commission (WRC)

The WRC was established by the Workplace Relations Act 2015. It is an independent, statutory body that helps resolve disputes in the workplace.

• The WRC promotes positive industrial relations by providing employees and employers with information on their rights and obligations under employment law.
• The WRC provides Conciliators, Mediators and Arbitrators who can help resolve workplace disputes. Conciliators are known as Industrial Relations Officers.
• The WRC prepares codes of practice which advice on how to comply with employment legislation and maintain positive industrial relations.
• In the event of non-compliance with employment law, WRC inspectors can investigate and issue fines to companies.

The Labour Court

The Labour Court deals with appeals from decisions taken from the WRC. It is considered the "court of last resort" in relation to employment disputes in Ireland. It's judgements are legally binding.

The Labour Court has the following functions

11. Investigates Industrial Relations disputes
12. Hears appeals
13. Interprets WRC's codes of practice
14. Establishes Joint Labour Committees (JLC)

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15. Investigates Industrial Relations disputes: The Labour Court investigates trade disputes and makes a decision on the case.
16. Hears appeals: The Labour Court hears appeals against decisions made by an adjudication officer. It looks at all the evidence again and makes a legally binding judgement on the matter.
17. Interprets WRC's codes of practice: The Labour Court gives its opinion on how the WRC codes of practice should be interpreted.
18. Establishes Joint Labour Committees (JLC): A JLC is a committee of representatives of employers and employees in a particular sector. They meet regularly to discuss and agree terms and conditions that should apply to a specific sector. The Labour Court then makes an employment regulation order to make these terms legally binding.