Role of RC and LC in Advancement of Industrial Relations - Coursework Example

Introduction Labour Relations Commission (LRC) and Labour Court (LC) were started under the Industrial Relations Act to assist in solving of disputes in the industry sector. This was due to frequent disputes, fights and disagreements between employers and trade unions or the trade union themselves. This made an impact on the productivity and as a result working relations were made quite hostile and hard. Due to this Ireland portrayed a negative image to the rest of the world as Foreign Direct Investment (FDI). The general task of the LRC was to endorse favourable Industrial Relations in Ireland. It did this by providing industrial services; like conflict resolution and prevention. LRC mission was to promote the development and improvement if Ireland Industrial relations procedures, policies and their practices by providing necessary and effective services to trade unions, employees and employer at an appropriate time. Most of its general responsibilities were to improve the industrial relations in Ireland through mediation process and offering advisory services concerning the industrial relations to employees, employers and trade unions. LRC offered four main services which were; conciliation services, advisory services, Rights Commissioner Services and workplace mediation service (Roger 2001). Industrial Relations Industrial Relations frequently talked about the relationship between employees of a certain organisation and its management. Many employees formed trade unions which represented them incase of a grievance. Trade union’s main objective was to fight for the rights and responsibilities of the employees. In industrial relations there were Officers (IRO) who plays part as the chairmen to several Joint Industrial Councils (JICs) and Joint Labour Committee (JLCs). The chairpersons lead joint meetings of both management and trade unions in several organizations. LRC LRC was started under Industrial Relations Act on 21st January 1991. LRC would be used to pursue conciliation process and assist in improving industrial relations (Roger 2001). The main aim was to act as mediators between two conflicting parties and assist in reaching agreements. Different roles and responsibilities were allocated to LRC. Before formation of LRC, Rights of Commissioner was responsible for conciliation. All disputes related to trade were referred to LRC who gave Labour Court (LC) orders to conduct investigations. LRC used mediation process to solve disputes. Workplace mediation Mediation is a confidential, quick and effective way of solving disagreements, conflicts and disputes in workplaces .This is a service offered by the LRC and it mainly deals with conflicts and disputes concerning individuals or small numbered group of workers, enterprises and services. Examples of the disputes workplace mediation service deals with include; interpersonal differences, conflicts and difficulties in working together, breaking down of a working relationship, disciplinary issues and some industrial relations problems which cannot be addressed by the Right Commissioner and the Labour court. Mediation opens an avenue for the parties involved to talk their problem out, think about the actions that can be taken to solve the problem while they await a mutual agreement. This process is easily adaptable as it is flexible depending on the situation of the case and the parties involved (Michelle 1996). There are key principles that guide the process of workplace mediation. Firstly, the process is voluntary and hence no biasness is involved. At any stage of the service, one party can decide to withdraw and is allowed too. It happens basing its fact that both parties have come into an agreement. Secondly, the process is private and very confidential. Both parties involved are entitled to privacy unless they do not agree. They are confidence to reveal their feelings and express them to look for a solution to solve their problem (Roger 2001). Thirdly, the process is very fast because it takes place and ends as fast as both parties come to an agreement. Fourthly, the process is always focused to getting a solution as the main objective of the service is come to a mutually agreeable solution which is workable to solve the problem, the conflict or the dispute. Finally the mediator in the talks has to be neutral. They are not supposed either side of the parties involved. As a result the process is impartial and has no biasness of any form. Both parties discuss their problem conflict or dispute in the midst of a mediator who gives their opinion and the parties involved come up with the solution by themselves. Benefits of Workplace mediation Workplace mediation is associated with various benefits in industrial relations. The process being informal and non adversarial, it becomes easy to solve a dispute or a problem. It is a faster way of solving conflicts and disputes and it enhances safety of information between the parties involved as the process is private and confidential. It is also associated with very many positive outcomes and many parties always reach to an agreement and solve their dispute. This is very important as it helps improving the relationship between employer and employee for future purposes. Another major benefit of workplace mediation is that the service does not sire more problems or disputes like other services do. It comes up with a solution and the disputes ends immediately. Workplace mediation is done by trained and skilled officers of the conciliation Commission together with the advisory services who are involved in offering advices to the parties involved. If a problems remains unsolved even after mediation, the mediator involved always assist in convincing the parties involved to come up with a temporally solution to create a way forward in relation to their dispute or conflict( Jane 2007). Advisory services This another service offered by LRC and is involved in dealing with situations that are not related to disputes and conflicts to enhance effective practices of Industrial relations and meet their need s of the organization in relation to its structure and procedure. The body is self governing, non-adversarial and highly experienced in industrial relations theory and practice. The service delivers quite a large number of services to the customers who assist it in fulfilling its main objective and function. Some of theses services include; Industrial Service Audits, Joint working parties, preventive mediation and facilitation, advice, frequent user’s initiative and code of practice. All these services are free to all customers. This is a big advantage to many organisations and hence they should use the services to benefit their firm. At times the Advisory services ask for the provision of the meeting venue; which acts as the fee charged. Advisory services offer advices related to good practices on how to have beneficial negotiating agreements, how to air their grievances and disciplinary procedures and more on Industrial Relations framework (Jane 2007). Industrial Relations Audit is used in the context where one party wants to have a greater understanding of the dynamics at the situation they are dealing with in the organisation.The audit is given to the party in a confidential report which has the findings ,conclusions and recommendations to the problem. Joint Working Party organises combined meetings of company management and the representatives of the employees and work together to implement recommendations or the conclusions discussed. Frequent Users Initiative is a constructive process carried out by the Advisory service to explore with the users of dispute resolution service. The process has three stages; Identifying firms that have enquired about dispute resolution services regularly, explore the motives behind the usage with the parties and thirdly to indentify ways for industrial relations improvement. The process is very private and confidential and it has no effect of the parties involved. Dispute resolution services are aimed at ensuring efficient and effective use of resource and to center its assistance on areas with the greatest needs (Michelle 1996). Functions of LRC The LRC has different functions. The commission provides conciliation services between two conflicting parties. Conciliation is the process by which parties in disagreements and dispute come together to solve their dispute through the intervention of a third party. LRC offers conciliation services by having Industrial Relation Offices (IRO) of the Commission who hold the conciliation conferences (Michelle 1996). These conferences are generally extensions of the direct negotiations with the presence of an independent chairman to guide the debates /discussions and suggest possible solutions of dispute settlement. Playing a part in conciliation is voluntary and hence the results are voluntary too. In most cases solutions are reached by agreements from either parties’ opinion or the opinion of the IRO in charge. Conciliation may include involving a negotiations service directly or using an overseeing role in changing the process of management to have introduction of new practice in the organization.LRC does not get involved in disputes that there is the presence of unofficial industrial action in place. The meeting of Joint Labour Committees is led by Officers from the Commission Service (Alan 1992). Secondly, the commission is involved in offering guidance on codes of practice to unions and organisation like IBEC and ICTU. This is done after acing consulted with the organisations and firms involved. The se codes of practices can be taken into by an equality officer of rights commissioner when deciding an issue but they are not enforceable. The code of practice seeks to plan and set out various rights of employment and offer protection to people employed to other people’s houses and homes; It also encourages good practice and compliance with the law in relation to peoples employment in other people’s houses and homes; the code is also seeks to enhance awareness of the application or relevant legislation and code of practice with regard to the sector to which the code applies. The code is usually in accordance to some laid down principles. Code of practice These are outlined guidelines by the government which recommend actions to be taken to handle a certain issue, dispute or conflict in workplaces. They are made by the LRC mandated by the Industrial Relations Acts 1990 under Section 42.The Code of Practice was also submitted to the Minister for Enterprise, Trade and Employment. There has been eight code of practice prepared in the division. They address issues related to responsibilities of the employees and employer, protection of employees, grievances and disciplinary measures, how compensations are to be carried out, anti victimisation of the employees, voluntary dispute solving, bullying and, molestation in the work places and finally issues related to working in retail trade. These codes have played an important role in protecting the rights of employees and enhancing provision of favourable working conditions, high salaries and wages, compensations incase of overtime and reduce discrimination, harassment, and molestation for workers in many organisations (Alan, 1992). The LRC is also involved in nomination of rights commissioners and it is also involved in appointments of staff and officers of equality. Rights Commissioner Service is a self governing body of the LRC. It deals with investigation of grievances and claims made regularly by small groups of workers or individuals under several legislations. It is also involved in; Industrial Relation Act, Unfair Dismissal Act, Payment of Wages, Maternity protection Act ,Terms of Employment(Information) Act, Protection of Employees Act to mention jus a few. Unlike courts room, RCS hearings are not adversarial, they are very formal (Michelle 1996). Each party gives it case by using relevant information and then the commissioner gives his/her findings as recommendations or decisions depending on the legislation involved. At time the hearings before a Right Commissioner are carried out privately. However any party can object Commissioners investigations incase of injustice in the Act of legislation used. All parties have the right to appeal against a Rights Commissioner’s decision to other appropriate legislation Case study on Rights Commission Services A security operator in a supermarket brought forward a case of unfair dismissal against the employers. This happened after there was a check up one night and one employee was found with grocery items and no receipt fro them. The case was reported to the store manager. Later on there was a meeting between the trade union representative of the employee, store manger and the employee. The employee was however suspended for two days awaiting a meeting with the full time union representative. After meeting with the representative, she was fired on the basis of gross misconduct. The case was forwarded to the LRC. When the Rights Commissioner presented his findings statement, he summarised several case of inconsistency against employees. Due to the evidence and events, Rights Commissioner concluded that something must have happened between the employer and the employee. Considering his unblemished record of six years, the commissioner concluded that the punishment should have been minimal than dismissal. He recommended that the employee to be suspended and later reinstated in her job (Ian 1996). It is also involved in helping and assisting joint industrial councils and committees of joint labour. The commission has the duty to provide advisory services to industrial relations. This is done by offering advice to unions employers concerning industrial relations sector or by concentrating on a particular employment field. Any developments in the Industrial relations matters are checked by Industrial relations research. In 2005, issues about equality became the responsibility of Department of Justice Equality and not the Department of Enterprise Trade and Employment (Alan, 1992). Other services offered by LRC include Advisory services. They provide assistance and advice to trade unions, employees and employers when they are in situations that have no disputes. It also assists employees and employers have a positive relationship towards one another and hence they are able to solve problems and disputes easily. One of its main tasks is preventive mediation and also offering advices to overcome a certain problem. The advisory service was also involved in publishing of the code of practice. The LRC performs its duty in different perspectives to improve industrial relations. It reviews and monitors trends and developments in industrial areas and educates the customers on where to perform through duties, it assists the customers in putting in place best practices and procedures in the code of practice. Publishing journals on industrial relations and human resource management with current issues is another way the LRC performs its duty. Periodically it carries out surveys about costumers’ satisfaction and reviews on their monetary expenses. It also conducts research relevant to industrial relations to find ways to improve the sector and improve its services and productivity (Ian 1996). Labour Court (LC) Labour court was started in 1846 under the enactment of the industrial Relations Act 1946.It was formed with the aim of adjudicating disputes in trade and come up with solution. Labour court is not a law court, it operates under the Industrial Relations tribunal by listening to disagreements form both parties and then uses recommendations to solve the dispute. Nevertheless, settling of the dispute lies on the parties. Labour Court makes legally compulsory orders when it comes to cases related to breaching of employment agreements that are registered. Its structure consists of a chairman, 9 full time members, 2deputy chairmen and 6 ordinary members. From these 6 ordinary members, 3 are members of the employer and the other 3 are workers members (Marius & Monica 2005). The LC has very many functions that lie under its docket. These Functions include: Incase there are disputes in the industrial sector, the LC investigates them and offer the best recommendations for solving the problem. However, all the conflicts and disputes must pass through conciliation service of the LRC to enhance a mutual agreement. The LC however has to get an order or report from LRC to go ahead with an investigation. Later after the investigation is complete, the LRC goes ahead with conciliation. Other functions include registration of joint Industrial councils, registration, varying and interpreting agreements concerning employments, LC also establishes committees for joint labour and describes their mode of operation, LC is also involve din the hearing of Rights Commissioner recommendations which are under Industrial Relations Acts, 1990 (Alan, 1992). Furthermore it is involved in investigating claims of breaches of the code of practice which is under the Industrial Act. Moreover, LC presents its opinion concerning the code of practice under the Industrial Relations Act, 1990. Incase there are incidents of breaches in registered employment agreements; it is the function of the LC to investigate and give a report. When it comes to employee’s safety, health and welfare, the LC hears the decisions of the Right s Commissioner under the Welfare at work Act, 2005. It also enhances theta the decisions are implemented.LC is mandated to hear all appeal by Employment equality Act, 1998 and provide equality to employees as the Pensions Act, 1990. LC is involved in approving the time agreements of employees under Organisation of Working Time Act, 1997.Under the National Minimum Wage Act, 2000, the LC hears applications for execution fro exemptions as stipulated in the act (Marius & Monica 2005). Case study A certain union made claims that they require increase of member wage form the company. Due to the National Wage Agreement, the claim was rejected but however the company recommended various changes in working places so that they could gain an agreement form the union. This did not go through as disagreements on the amount the company would set aside for the new arrangements arose. Conciliation Service of LRC was called upon as a mediator in to help solve the crisis. They participated in many discussions involving the company and the union in an unbiased and self-governing approach. To start with the IRO listened to both parties as they aired their problems and how they viewed the situation (Barney 2009). Later individual meetings with each party were held; by doing this the IRO was able to understand both parties’ positions and their point of view. Joint and separate meetings were held with IRO aim being to reach to a mutual agreement. Later an agreement about the new working practices was agreed upon by booth parties. They were implemented and the agreement became satisfactory to both the parties. Labour court operates in 3 different divisions to make sure that the court goes on with minimum waste of time. Each division is made up of a Chairman or a Deputy Chairman, a member of the workers and a member from the Employers side. Labour courts are mostly supported by civil servants through administrative services. The service however is sub divided into 5 sections of administrative purposes. They include, Joint Labour Committee, Secretariat, Programming, It and Services, Information and Legislation. Each of these sections plays a certain role in services delivery and contribution to the industrial developments. Labour court deal with disputes related to industrial relations, equality, organisation of working time, national minimum wage, part time work, fixed time work and safety, health and welfare of employees at work (Alan, 1992).. Right Commissioner Service It is an independent service from the LRC that is involved in investigating claims, grievances, conflicts and disputes in the following Acts; Adoptive Acts 1195-2005,Employees Acts 2006,Employment Permits Acts 2006.The process of investigating is not compulsory, objection can be made by a party. Appealing is possible against Rights Commissioner and after listening to the case, the tribunal gives the final verdict. All hearing so of the Rights of Commissioner are done privately unless the case has been referred to Payment of Wages Acts, 1991.All hearing under the Payment of Wages Act 1991 are done in public. However, all these hearings are not adversarial but formal unlike the courts of order. Rights of Commissioner are aimed at promoting improvements in services provided by employers to employees by raising the awareness of their rights and responsibilities (Barney 2009). A trade union or an employee can forward a claim or complaint to a rights commissioner at any time. However before making the claim or the complaint, the employee or the trade union has to inform the employer. If it is a matter concerning statutory entitlement, both parties should try solving the issue first before forwarding it to the Rights Commissioner. Rights of Commissioner Recommendation can be appealed, as stated in the Protection of Employees Act, 2001. Acts According to Ireland Labour Relations Commission (1996) there are acts that have been enacted under the Industrial Relations Acts. All these acts are meant to safeguard the employee’s rights and responsibility. These rights include Payment of Wages Act 1991, National Minimum Wage Act 2000, Working Time Act 1997, Employment Equality Acts 1998, Equal Status Acts 2000 -2004, Terms of Employment Acts 1994 to 2001 etc. All these Acts have specific areas they deal with. For example working time Act stipulates what time an employee should get to work and leave, if they leave after the stipulated time, the Overtime Act comes into place (Marius & Monica 2005). These Acts are stipulated in the Industrial Relations Act and they are aimed at improving the working conditions of any employee and making sure that their rights are observed. Conclusion LRC and LC have played a major role in the advancement of Industrial Relations. They have also played a crucial role in fighting for the rights of employees and their responsibility. Employees play a major role in building the economy of nay country or state. They are hence entitled to high quality service, favourable working conditions, good salary, compensation in overtime, equality and the best terms of employment.LRC and LC have been working towards the recognition of employee’s rights and freedom. Without LRC and LC, workers in Ireland would have suffered due to oppression discrimination, low salaries and w ages being overworked and many more problems. References Alan, G 1992, International Industrial Relations Association labour relations in a changing environment, Walter de Gruyter. Barney, J et al, 2009, Understanding the labour relations Act: Juta's pocket companions, Kluwer. Ian, F 1996, The Labour Court: "not an ordinary court of law”: a history of fifty years of the Labour Court from 1946 to 1996, Stationery Office. Ireland, Labour Relations Commission 1996, The Labour Relations Commission, The Commission. Jane, M 2007, Employment Law: Law Society of Ireland manuals. Oxford University Press Marius, M & Monica, K 2005, Introduction to human resource management, New Africa Books. Michelle, C 1996, The European Commission: leadership, organisation, and culture in the EU administration. Manchester University Press ND. Roger, B 2001, Labour law, human rights and social justice; vol 13 of Studies in employment and social policy, Kluwer Law International. Read More