INDUSTRIAL DISPUTES

INDUSTRIAL DISPUTES
• The conflict and disputes between employer and
employees on any industrial matter are known as ID.
It is the most active problem in industrial
organizations because it endangers peace in the
industry
“ Any dispute or difference employers and employers,
or between employees and employees or between
employers and employees, which is connected with
the employment, or non employment or the terms of
employment or with the conditions of work of any
person”
-------- ID Act 1947
 ‘dispute’ characteristics
• There must actually be a difference or dispute
• Could be between employer- employer,
employee-employee or employer-employee
• The dispute must pertain some work related
issue
• Dispute between 1 or 2 workmen and their
employers is not an ID. To be a dispute it must
be raised by a group or class of workmen.
 Industrial Disputes
1. WHAT ARE INDUSTRIAL RELATIONS
This is the term used to describe the
relations between the management of a
firm and its employers.
• If Industrial relations are good
employees will be well motivated and as a
result morale and productivity will be high.
• If industrial relations are poor employees
will be a lot less motivated and productivity
low with a high labor turnover.
 2. What is a trade union?
Is a body representing employee’s views with their employers?
Union members elect a shop steward to represent them in
negotiations with the employers.
Reasons for joining a trade union
1. Increased bargaining power – one voice as a representative
2. Having a skilled negotiator on behalf of employees
3. Greater job security if the union is powerful
4. Higher standard of living for members
 3. What causes industrial
disputes?
 Pay disputes
 Working conditions
 Unfair dismissals
 Promotion
 Poor industrial relations
 Introduction to new technology
 Discrimination
4. What action can the
employee/employer take in
an industrial conflict?
Getting Legal Approval
Before organising a strike or any other form
of industrial action a trade union must
follow the rules set out in the Industrial
Relations Act 1990. This states that
“a union cannot organise a strike or any
other industrial action without getting
members majority approval”
Official disputes are ones which have received
the approval of workers in a secret ballot and are
confirmed by the ICTU. The union must them decide
the type, the timing of the industrial action.

Unofficial disputes have no ICTU or union

approval.

A wildcat or lightning strike is an unofficial

dispute where no advance notice is given to
management
 Deciding on the action to take
1) Token stoppages involve employees stopping
work for a short period of time to demonstrate
their feeling to management
2) Work to rule is where employees refuse to
undertake any work outside the terms of their
employment contract
3) A go slow occurs when employees carry out the
minimum amount of work they can get away with
without jeopardising their basic pay
4) All out strike means employees stop working and
leave the premises
5) Picketing involves walking up and down
outside the work place indicating a strike is
in process
Feb 2009 – public sector workers in Ireland
picketing outside their employers premises
How can an employer respond to
strike
Some employers may attempt a lock out to
break the strike. This can occur when an
employer locks out or suspends employees
during an industrial dispute. This is seen as
trying to break the strikers morale.
A more reasonable approach is to start
negotiating a settlement with those involved.
This may result in talks between employees
unions and employers. If unresolved it may lead
to help from the LRC or failing that the Labour
Court
What are the consequences of
industrial relations conflict
for a business
Industrial relations conflict can affect
the business in the following way.
1. Reduced productivity, increased costs
2. Loss of profits
3. Damage to public image
4. Difficulty in recruiting & keeping staff
5. Wasted time and energy
 5. How an industrial relations conflict
between employees/employers can be
resolved

Internal Solutions
1. Take the complaint to the union shop steward
2. The union shop steward will follow the grievance
procedure agreed with the employer
3. If no union, agreed employees should talk directly to
manager responsible or to the HR manager
 Help from the LRC
4. Agreement of both sides, the matter is taken to the
LRC which provides the following conflict resolution
services.
Conciliation services (for group conflict resolution)
Rights Officer Service (for individual conflict
resolution)
 Getting Help From the LABOUR COURT
5. This is seen as the last resort for industrial
disputes. It provides an ARBITRATION
SERVICE for group conflict resolution.
 6. What is the LRC?

THE Labour Relations Commission was established to

assist in settling disputes and to promote good
industrial relations. The LRC provides the following
services

1. Conciliation service – the LRC provides an

Industrial Relations Officer (IRO). He/she listens to
both side’s arguments and then recommends a
settlement.

 2. Codes of practice – rules, practices to be followed

when dealing with conflict. The LRC offers guidance to
firms drawing up code of practice.     
3. Equality services - the LRC provides equality officers
in investigating disputes under Employment Act (1998).
It relates to issues on discrimination in the workplace.
When investigating they can enter premises and seek
records they need.

4. Rights commissioner service – looks into disputes

involving individual workers or small groups of workers
concerning unfair dismissals or maternity leave etc. any
recommendations of the rights commissioner can be
appealed to in the Labour Court.
5. The LRC assists Joint Labour Committees (JLC)
and Joint Industrial Councils (JIC). The JLC is a
body set up by the labour court to investigate rates
of pay, work conditions for workers that have no
union. A JIC is a voluntary body set up to solve
disputes that may arise in a particular industry.

6. The Industrial Relations Advisory Service offers

advice to employers and unions on industrial
relations matters. It also helps firms to understand
the root of the problems that cause conflict.
 7.The Labour Court
  The Labour Court is a court of last resort in industrial disputes:
Functions of the Labour Court
  1)To resolve disputes that the LRC feel that they cannot sort out
2)To resolve any conflict that LRC feel they cannot investigate
3) To resolve disputes that are referred to by minister of
F employment /enterprise
4)To resolve disputes of exceptional circumstances

Court of appeal
The labour court hears appeals against recommendations of equality
officers under the Employment Act (1998).
 
Joint labour committees (JLC) and Employment Regulations Order
The labour court establishes JLC’s & employment regulation orders
following the recommendations of the JLC.
Enforcement
The labour court has inspectors of the Dept of enterprise, trade
and employment; they may begin proceedings on behalf of
employees against employers for poor conditions in the
workplace.

Investigating breaches of codes of practice

The labour court investigates breaches of codes of practice,
provided the LRC has first considered the complaint.

Registering employment agreements

Agreements negotiated between employers and employees can be
registered with the Labour court. These agreements once
registered become legally binding.
 
 8.What is the role of the
(EEA) employment equality
agency
The employment agency acts to eliminate against
any discrimination between the treatment of
employees in the workplace.
• It was established in association with the
Employment Equality Act 1977.
• It is responsible for ensuring that the employment
equality legislation is obeyed by employers
• This legislation states that it is illegal to
discriminate on the grounds of religion, sex or
marital status.
 Main services of the EEA
1. Advises employers on their
responsibilities and employees on their
rights regarding equality issues.
2. Monitors the equality legislation to
ensure it is being properly implemented.
3. Investigates complaints concerning any
discrimination against individual
employees. This work is done by equality
officers.
 9. Role of the (EAT)
Employment Appeal Tribunal
The EAT is responsible for ensuring that
firms obey the Unfair Dismissals Act 1977-
93. It investigates any disputes between
employees/employers concerning sackings,
redundancy.

Note: Compensation must be paid to

employees up to a maximum of two years if
a firm is guilty of unfair dismissals
 10. How Industrial Relations
are conducted at national level
Since 1987 national agreements have been
negotiated between the social partners every three
years.
The social partners include:
• Government representatives
• Employers representatives – IBEC
• Employees representatives – ICTU
• Farmers – IFA
• Community Organisations
 Examples of social partnership
agreements
• Programme for national recovery (PNR)
(1987 onwards)
• Partnership 2000 which covered the years
from 1997 – 2000
• Programme for prosperity & fairness (PPF)
• Towards 2016 (partnership agreement we
are currently in)