INDUSTRIAL DISPUTES

 CAUSES OF DISPUTE

 Wage demand
 Union rivalry

 Political interferences

 Unfair labour practices

 Too many laws

Forms of Industrial Conflict

Unorganised Organised
Informal Formal
Individual Collective
Employee Options
- Strikes - Sit-in
- Work-to-rule - Go-slow
- Sabotage - Output control
- Absenteeism - Turnover
- Working without enthusiasm
Employer Options
 Lockout
 Work intensification
 Discipline/sacking
 Intimidation
 Closure
Resolution of
Industrial Disputes
First mechanisms in place with Industrial
Relations Act, 1946.

Major overhaul with industrial Relations

Act, 1990.

Provides structural devices for reconciling

differences free of disruption.
 How do you resolve a dispute?
Internally
Disciplinary procedure
Grievance procedure
Externally
Employment tribunal
Court of Justice
Processes
1. Conciliation
2. Adjudication
3. Arbitration
 Labour Court
Established under I.R. Act, 1946.
1990 Act – significantly altered role.
• Services free
• Independent
• Equal representatives of employers and
workers
• Recommendations not (usually) binding
LC Process
Minimum formalities

1. Written submissions by both parties

2. Submissions read by spokesperson
3. Supplementary oral submissions
4. Questions from court
Labour Relations Commission

The primary objective of the Commission is

to assist parties or individuals in dispute to
resolve their industrial disputes through the
appropriate use of the relevant services of
the Commission.
LRC Services
- Conciliation Service
- Advisory, Development & Research

Service (ADRS)
- Rights Commissioner Service
 Employment Appeals Tribunal
Established under Redundancy
Payments Act 1967 to:

….adjudicate in disputes regarding

redundancy and to administer system
of compensation.
EAT Process
... legalistic, individualistic, rights based, heavily
reliant on common law notions of fair
procedure and assessment of reasonableness.
• Claimant submits written case – represented
by T.U./solicitor
• Give evidence, call witnesses, cross examine,
final address
• Written recommendation issued
THANK YOU