Resolving

Conflict in
the
Workplace
Unit 1
Industrial Relations
Def: the relationship between the employer and employees in an
organisation. The aim is to have positive relations.

Is this good industrial relations?

 Benefits of Positive Industrial Relations
Benefit Reason
Recruitment and → Easier to recruit and keep staff. Current employees want to stay & the
Retention business is an attractive workplace for potential staff.
Employee Motivation → Happy employees are more motivated and more willing to work hard
for the benefit of the business.
Intrapreneurship → Employees are willing to suggest ideas for new products and
processes, which may increase business profits or reduce business
costs.
Change → Employees are more accepting of change in the workplace when the
employer is open and honest about the reasons why changes are
needed.
Industrial Action → Employees are more likely to speak to management about problems
before they develop into serious issues. Helps to reduce the likelihood
of industrial action.
 Causes of Industrial Relations Conflict
Potential for Conflict and Example
Pay →Disputes with the employer over rates of pay, overtime payments and
pension contributions.
Working →Disagreement with the employer about hours of work, health and safety
Conditions in the workplace and holiday time.
Technology →Resisting the introduction of new technology if there is the belief that:
• The employer has not provided adequate training
• The use of new tech will increase workloads or lead to staff redundancies.
Redundancy →Unhappiness at the way staff were chosen for redundancy or with the
redundancy terms offered.
Unfair →Belief that that co-workers were unfairly dismissed. Employees may fear
Dismissal for their own job security in the future.
 Pay Claims
Def: a demand made by employees to the employer to increase their
pay
Cost of Living • Employees want their pay to keep up with the rate of
Claim inflation (cost of living)

Comparability • Employees want a pay increase because .. people

Claim doing similar work have received a pay increase.

Productivity • … their workload has increased, or they have adapted

Claim to changes introduced by management.
• One group of workers pay is linked to the pay of another, even though
they do different jobs. If one group’s pay increases, the other group
Relativity Claim will also want an increase of the same percentage to maintain a pay
gap.
Trade Unions
Def: an organisation that aims to protect and improve pay and
working conditions of it’s members. An employee can join a trade
union and pay a yearly subscription.
Shop Steward
• Elected by trade unions members in a workplace
• Acts as a union representative
• Duties include:

Providing Giving advice Helping to

feedback to and support resolve
the union on to members disputes
the views of on between
members workplace employees and
issues management
 Benefits for Employees of Being a Trade Union
Member
Benefit Reason
Protects → It makes employees aware of their rights in the workplace, e.g.
Employment working conditions, and protects members against breaches
Rights
Information and → Provides information and support to members on issues such as pay
Support and leave entitlements.

Better Pay and → The trade union negotiates with management on behalf of the staff
Working to gain better pay and working conditions, e.g. an increase in basic
Conditions pay.
National Level → The union can increase awareness of employees’ concerns by
providing information to the media, e.g. on problems with health
and safety in the workplace.
Benefits for Employees of Being a Trade Union
Member
Past Exam
Q!
 Benefits for Employers of Staff Being a Trade
Union Member
Benefit Reason
Faster Negotiations → Faster for employers to negotiate with the shop steward,
than with individuals/groups of employees. This saves the
business time and money.
Introducing Change → It can be easier for the employer to introduce change, e.g.
new technology. The shop steward can explain to the
employees why the changes are needed.

Improved Health and → Employees inform the shop steward of health and safety
Safety issues in the workplace. This information can be passed to
management and can help make improvements.
ICTU (Irish Congress of Trade Unions)
Represents and campaigns on behalf of trade union members in
Ireland

• Provides training and information to unions and members

• Helps resolve disputes between unions and employers
• Negotiates for union in national pay agreements with the government
Bargaining
Def: When managers and employees meet to discuss a range of issues
such as pay and working conditions. There’s 3 types:
1 Individual Bargaining
Individual employees meet with the employer to negotiate the best pay and
working conditions for themselves. This often occurs in businesses where
there is little or no trade union membership.

2 Collective Bargaining
The employer negotiates pay and conditions of employment with groups of
employees, often represented by the trade union shop steward.
Bargaining
3 National Collective Bargaining/Social Partnership
This involves negotiating pay and working conditions at a national level. Aim is
to achieve moderate wage increases in return for positive industrial relations in
the economy and reductions in income tax for employees.
Types of Industrial Relations
Legal Illegal
> Official strike > Unofficial strike
> All-out strike > Wildcat/lightening strike
> Work to rule > Political strike
> Token stoppage
> Overtime ban
Types of Industrial Relations Past Exam
Q!
Legal Illegal
Official strike Unofficial strike
All-out strike Wildcat/lightening strike
Work to rule Political strike
Token stoppage
Overtime ban
Types of Industrial Relations
Legal strikes
Official strike
Staff refuse to enter the workplace and perform their duties. It requires:

• A secret ballot be held

• At least one week’s notice of action given to employer
• Strike action must be approved by trade union
(members may get strike pay from union an
official strike).
Types of Industrial Relations
Legal strikes
All out strike
All employees go on strike, even those not involved
in the dispute.
• A secret ballot be held
• At least one week’s notice of action given to
employer
• ICTU approval needed
Types of Industrial Relations
Legal strikes
Work to rule
Staff carry out duties as stated in their contract of employment, but
nothing extra. E.g. nurses do not do any cleaning or admin duties.

Token stoppage
Employees refuse to work for a short period e.g. one day. Gives
employers an indication that more industrial action could come if an
agreement isn’t reached.
Types of Industrial Relations
Legal strikes
Overtime ban
Staff refuse to work overtime. This
may put the employer under
pressure to fix an issue quickly so
the business is not negatively
impacted e.g. missing a deadline
Types of Industrial Relations
Illegal strikes
Unofficial strike
Staff strike but do not meet some/all requirements of an
official strike.
Trade union members won’t receive strike pay.

Wildcat/lightening strike
Striking without giving any notice to the employer. Often
resolved quickly.
Types of Industrial Relations
Political strike
Employees leave work to protest against the government’s actions e.g.
new laws. Illegal as staff shouldn’t punish their employer for something
the government did/is doing.

https://www.youtube.com/watch?v=TF49iSI3tys
https://www.youtube.com/watch?v=PBrhJ4axhbE
Types of Industrial Relations Past Exam
Q!
Political strike
Employees leave work to protest against the government’s actions e.g.
new laws. Illegal as staff shouldn’t punish their employer for something
the government did/is doing.
 Impact of Industrial Action on Stakeholders
Stakeholder Negative impact
Employer →I.A disrupts business activity and may result in missed deadlines, e.g.
failure to fulfil a customer’s order. This can damage the firm’s reputation.
Investors →Profits can fall during I.A, leading to lower dividends for investors.

Employees →The longer the I.A, the greater the threat to employees’ job security.
Suppliers →Suppliers may not be paid by a business experiencing industrial action.
They may be unable to pay their own bills and could go out of business.
Government →I.A can reduce government tax revenue, e.g. income tax from employees
= less to spend on public services, e.g. health and education.
Consumers →Consumers may be unable to buy goods and decide to purchase from
competitors. They may continue to purchase from competitors in the
future.
Resolving Industrial Relations Conflict
Can be resolved through legislative or non-legislative methods

Non-legislative methods:
Resolving Industrial Relations Conflict
Non-legislative:
Meeting & talking: a meeting between employer and employee to
discuss the issue and try resolve it. HR/Shop Steward may be there.

Negotiation: Both parties meet to bargain with each other. Offers and
counter-offers are made until a compromise is reached.

Conciliation: Independent conciliator listens to both sides. Tries to get

both sides to come to an agreement.
Resolving Industrial Relations Conflict
Non-legislative:
Mediation: a meeting between employer and employee to discuss the
issue and try resolve it. HR/Shop Steward may be there.

Arbitration: Both parties meet to bargain with each other. Offers and
counter-offers are made until a compromise is reached.

Binding arbitration: When the 2 parties involved agree in

advance that the arbitrator’s decision will be accepted
Resolving Industrial Relations Conflict
Legislative:
Industrial Relations Act 1990:
Introduced to improve industrial relations in Ireland & resolve industrial
relations disputes. Main features of the act:

1. Trade disputes
Deals with disputes connected to:
• Employment/non-employment of a person
• Terms or conditions of employment of a person
• Outlines difference between legal and illegal disputes
 Industrial Relations Act 1990:
1. Trade disputes
Legal trade disputes Illegal trade disputes
Pay and working conditions Disagreeing on how the business is
run
Discrimination against an employee Discontent on how the government
runs the country
Unfair dismissal of an employee Closed-shop agreements: insisting
staff have to join a certain union
Industrial Relations Act 1990:
2. Secret Ballot
• For official I.R a secret ballot has to take place
• A confidential vote to see if I.R will take place
• Majority rules
• Trade union decides on most effective action to take e.g. official strike

3. Minimum Notice
Employees must give employers 7 days notice of industrial action
Industrial Relations Act 1990:
4. Picketing
• Primary picketing: at employee’s workplace
• Employees walk outside workplace with placards indicating they’re
taking industrial action
• Placards contain info on the union/reason for strike action
• Secondary picketing: outside workplace of another employer. Only
legal to do if employees believe this employer is helping their
employer break the strike action
Industrial Relations Act 1990: Past Exam
Q!
4. Picketing
• Primary picketing: at employee’s workplace
• Employees walk outside workplace with placards indicating they’re
taking industrial action
• Placards contain info on the union/reason for strike action
• Secondary picketing: outside workplace of another employer. Only
legal to do if employees believe this employer is helping their
employer break the strike action
Industrial Relations Act 1990:
5. Immunity
• Employer can’t sue trade union or members for losses suffered during
strike action.
• Secret ballot and 7 days notice have to have taken place to protect
immunity.
Workplace Relations Committee (WRC):
A Information
B Advisory service
C Conciliation
D Mediation
E Adjudication service
F Codes of practice

An independent body that provides a range of I.R services to employers

and employees
 Workplace Relations Committee (WRC):
Information: Provides information on employment law and
industrial relations through its website and phone service.

Advisory Service: Works with businesses to build and maintain

positive I.R in the workplace.

Conciliation: An independent conciliator hears the dispute and

helps both parties to reach a mutually acceptable agreement.
 Workplace Relations Committee (WRC):
Mediation: Mediation officer tries to get both parties to reach a
mutually acceptable solution. If successful, mediation officer
records the agreement in writing making it legally binding.
Adjudication Service: Adjudication officers investigate cases of
unsuccessful mediation. They hear both sides of the dispute and
makes a decision on how the case should be solved.
Codes of Practice: Formulates codes of practice - written rules
that define how people or organisations must act in particular
situations. E.g. workplace bullying, and disciplinary procedures.
Labour Court:
• Court of last resort in industrial
disputes
• Not a court of law but an
industrial relations tribunal
• Main aim: to resolve and
adjudicate on industrial disputes
quickly, fairly & informally.
 Labour Court:
Main functions:
• Investigates trade disputes between employers and
Investigates Disputes employees and issues a decision on the case.

• Decisions made by the WRC can be appealed to the

Hears Appeals Labour Court. Labour Court issues a binding judgment.

Establishes Joint Labour • A JLC improves pay and working conditions for staff in
Committees (JLCs) certain sectors.
• An Employment Regulation Order is drawn up by a JLC
Registers Employment
and fixes minimum rates of pay and working conditions
Regulation Orders for people in specific industries.
Interpretation of • The Labour Court gives its opinion on the interpretation
Codes of Practice of the codes of practice formulated by the WRC.
Unfair Dismissals Act 1977-2015:
• Introduced to prevent employees being
dismissed from their roles for unfair
reasons.
• The Acts apply to employees with one
year’s continuous employment with the
employer.
• Act says all dismissals are unfair and the
employers must prove they were fair (they
have the burden of proof).
 Unfair Dismissals Act 1977-2015:
Dismissal is fair when..
Ground for Explanation
dismissal
Redundancy →A genuine redundancy situation exists, e.g. falling sales. Employees must
be chosen fairly e.g. dismissing the least qualified employees.
Incompetence →An employee does not perform their role to an appropriate standard
Qualifications →Employee doesn’t have relevant qualifications for performing their role,
e.g. failing professional accounting exams
Employee →When a number of minor incidents, when viewed together warrant
Misconduct dismissal, e.g. constant lateness or absenteeism.
→Gross misconduct: more serious and can result in instant dismissal, e.g.
stealing from the business.
Legal Reasons →If continuing their employment would break the law, e.g. a non-EU
employee who does not possess a valid work visa to work in Ireland.
Procedure for Fair Dismissal
1. Counsel employee: informal meeting to offer
assistance/improvements e.g. extra training
2. Verbal warning: Formal meeting because
improvements haven’t been made. Timeline for
improvements given.
3. First written warning: Given when no
improvements are showing. Extra training may be
offered.
4. Final written warning: Still no significant
improvement made. Timeline for improvement
given again – final warning
Procedure for Fair Dismissal
5. Suspension: Employee suspends with/without
pay for further investigation to be made.
6. Dismissal: Removed from job as performance
hasn’t improved despite training and support.
The Grounds for Unfair Dismissal
• Gender – male/female
• Pregnancy
• Age
• Religious/political belief
• Race
• Trade union membership

Research a case of unfair dismissal for homework

Redress for Unfair Dismissal
If an employee has been unfairly dismissed the options for redress are:
• Gets their old job back
1 • Entitled to back pay from the date of dismissal
Reinstatement • Entitled to any improvements in conditions while
they were dismissed.

• May get their old job back or an alternative job

2 approved by the WRC
Re-engagement • Is not entitled to any back pay from the date of
dismissal.

• Up to two years’ salary if they have suffered from

3 financial loss due to the dismissal.
Compensation • Up to four weeks’ salary if they have not suffered a
financial loss.
Constructive Dismissal
• When an employee quits their job due to
behaviour of the employer.
• Feels employer has made their life so
difficult it’s impossible to stay in their job
• Burden of proof lies on the employee –
they must prove this
• Employee should have tried every way to
solve the issue with the employer before
quitting
Constructive Dismissal Past Exam
Q!
• When an employee quits their job due to behaviour of the employer.
• Feels employer has made their life so difficult it’s impossible to stay in
their job
• Burden of proof lies on the employee – they must prove this
• Employee should have tried every way to solve the issue with the
employer before quitting
Employment Equality Act 1998-2015:
• Prohibits discrimination in the workplace
• Includes training, pay & promotion

Discrimination: when one person is treated less favourably than

another is, has been, or would be treated in a comparable situation

Need to know this definition!

The 9 Grounds for Discrimination
• Gender – male/female/trans
• Civil status – single/married/divorced etc.
• Family status – have children or not/carer of child SUCH A
• Age – against younger/older person COMMON
• Disability – physical/learning/chronic illness
• Religious belief
EXAM
• Race QUESTION!!
• Sexual orientation – straight/gay/bi etc.
• Membership of the Traveller community

Research a case of workplace discrimination for homework

Resolving Complaints of Discrimination in The
Workplace
Non-legislative:
1. Meeting with management

Legislative:
1. Mediation: Carried out by WRC.
2. Adjudication: Unsuccessful mediation goes to adjudication. They
make a legally binding decision.
Key Terms
• industrial relations • wildcat/lightning strike
• pay claims • political strike
• trade unions • negotiation
• shop steward • conciliation
• Irish Congress of Trade Unions • mediation
• bargaining • arbitration
• official strike • Industrial Relations Act 1990
• all-out strike • trade dispute
• work to rule • Workplace Relations Commission
• token stoppage (WRC)
• overtime ban • Labour Court
• unofficial strike • Joint Labour Committee (JLC)
• discrimination • Unfair Dismissal Acts 1977–2015
Past Exam Questions (Higher)
2019

2018
Past Exam Questions (Higher)
2014

2012
Past Exam Questions (Ordinary)
2019

2016
Past Exam Questions (Ordinary)
2018