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Under the terms of the Industrial Relations Act 1990 explain (i) The reasons for legitimate trade disputes OR Under the terms of the Unfair Dismissals Act 1977/1993 explain (ii) The grounds for dismissal that are deemed to be unfair. - Leaving Cert Business - Question C - 2004
Question C
Under the terms of the Industrial Relations Act 1990 explain (i) The reasons for legitimate trade disputes OR Under the terms of the Unfair Dismissals Act 1977/199... show full transcript
Worked Solution & Example Answer:Under the terms of the Industrial Relations Act 1990 explain (i) The reasons for legitimate trade disputes OR Under the terms of the Unfair Dismissals Act 1977/1993 explain (ii) The grounds for dismissal that are deemed to be unfair. - Leaving Cert Business - Question C - 2004
Step 1
The reasons for legitimate trade disputes
Answer
Legitimate trade disputes can arise from various matters including:
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Employment Conditions: Issues related to rates of pay, overtime, shift working, holidays, and other aspects defined in a contract of employment or a collective agreement.
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Work Environment: Concerns regarding the physical conditions of work, such as safety, heating, canteen services, and welfare factors that impact employees' comfort.
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Employee Dismissals: Disputes may also arise from the dismissals of employees, where the employer's decision is contested either for not following proper procedures or for not justifying the dismissal appropriately.
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Job Qualification Requirements: Conflicts may stem from the requirements set by employers for job qualifications, which can lead to disputes about recruitment practices.
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Rights to Participate: Furthermore, issues related to trade union recognition and the right of employees to partake in collective negotiations can also lead to legitimate trade disputes.
Step 2
The grounds for dismissal that are deemed to be unfair
Answer
According to the Unfair Dismissals Act, there are specific grounds under which a dismissal can be deemed unfair. These include:
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Unjustifiable Reasons: Situations where the dismissal is not justified, such as lack of fair procedure or evidence.
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Employee's Rights: Discrimination based on the employee’s rights, including factors such as the political views or religious beliefs of the employee.
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Cultural Background: Dismissals motivated by an employee's ethnic or cultural background are also categorized as unfair.
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Pregnancy-Related Grounds: Dismissing an employee due to pregnancy or a decision to take maternity leave is considered unfair.
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Personality Differences: Situations where the employee is dismissed purely based on personality differences rather than any legitimate performance issue may also be deemed unfair.
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Legal Protection: The law provides protection for employees asserting that their dismissal was unjust. Employees are encouraged to seek redress through the appropriate legal channels.