CH3Mindmap

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⚑ Causes and Pay Claims
8 Factors Leading to Industrial Disputes
Factors Leading to Disputes
Change to working conditions; disputes over pay; trade union recognition; new technology; redundancy; discrimination; unfair dismissal; demarcation issues (differences in pay/conditions between similar groups).
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Trade Union
Organisation of employees that promotes and protects the interests of its members β€” e.g. seeking pay increases through negotiation with employers. Key acronyms: ICTU (Irish Congress of Trade Unions), SIPTU, IBEC (employers).
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Collective Bargaining
A process of negotiation between employers and a group of employees aimed at agreements to regulate salaries, working conditions, benefits and other aspects of workers' rights.
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4 Types of Pay Claim
Cost of Living Claim
Pay claim related to inflation and rising rents. Aim is to maintain the standard of living of employees.
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Comparability Claim
Pay claim based on similar jobs in different sectors or industries β€” e.g. private sector versus public sector workers.
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Productivity Claim
Request for higher pay to reward higher output by the worker.
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Relativity Claim
Pay claim based on a traditional or historic link between certain jobs, particularly in the public sector.
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🀝 Non-Legislative Solutions (in order)
1. Meet and Talk
Both parties discuss, clarify and communicate the issues around the dispute directly β€” the first and most informal step.
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2. Negotiation
Bargaining, counter-offers and compromise used to reach a mutually acceptable solution between the parties.
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3. Mediation
An unbiased third party encourages both parties to talk in a meeting. The mediator does not offer any solutions or recommendations.
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4. Conciliation
A facilitator helps two parties reach an agreement themselves. Does not issue a recommendation but may suggest potential solutions to help the parties resolve their conflict.
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5. Arbitration
Listens to both parties then issues a recommendation (solution) which can be binding or non-binding if agreed beforehand. The most formal non-legislative step.
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βš–οΈ Industrial Relations Act 1990
Trade Dispute (Definition)
A dispute over employment, non-employment or the terms and conditions of employment (pay, discrimination, unfair dismissal). Cannot be over managerial or political decisions.
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Secret Ballot + One Week's Notice
A confidential vote by union members (all must get a chance to vote); majority needed (over 50%) for action; employer must receive minimum 7 days notice of action; ICTU sanction required.
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Primary Picketing
Peaceful protest outside the employee's own workplace with placards. Lawful under the Act.
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Secondary Picketing
Peaceful protest outside another workplace β€” only lawful if that employer's actions are frustrating the resolution of the original strike.
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Immunity
If action is official and sanctioned, the employer cannot sue employees for lost sales or profits during the industrial action.
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4 Types of Official Industrial Action
Official Strike
Employees protest peacefully outside their workplace with placards and do not enter work or carry out their duties.
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Work-to-Rule
Employees do the exact jobs written in their contract, without any flexibility, to frustrate the employer.
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Overtime Ban
Workers refuse to work extra hours outside contract hours to frustrate an employer who may be trying to fulfil orders.
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Token Stoppage
A brief stoppage of work that carries the threat of further types of action if the dispute is not resolved.
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πŸ”΄ Unfair Dismissals Act 1977/2015
6 Grounds for FAIR Dismissal (I I Q M R C)
Fair Dismissal Grounds
Incapable β€” persistently late/absent.
Incompetent β€” not meeting required standards.
Qualifications β€” lied about or failed to obtain.
Misconduct β€” e.g. drugs, assault, theft.
Redundancy β€” position no longer required.
Contravening Law β€” e.g. work permit expired.
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5 Steps for Fair Dismissal
Must follow in order:
1. Counselling β€” advise how to improve
2. Formal Verbal Warning β€” recorded on file
3. Written Warning β€” may include suspension
4. Inform of Dismissal in Writing β€” within 14 days
5. Offer Right of Appeal
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Unfair Dismissal
Steps were not followed; insufficient evidence; employee was discriminated against; constructive dismissal; or was incorrectly chosen for redundancy.
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Constructive Dismissal
Employer makes working conditions so intolerable that the employee feels forced to resign β€” treated as unfair dismissal. e.g. employer deliberately reduces hours to force a resignation.
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3 Forms of Redress for Unfair Dismissal
Compensation
Financial award of up to 2 years pay. The most common form of redress β€” employee does not return to work.
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Re-engagement
Employee contributed to the dismissal but it was still deemed unfair. Given a job (not necessarily the same one) but no back pay.
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Re-instatement
Employee is put back in their original job with full pay increases and back pay as if they had never been dismissed. Most favourable outcome for the employee.
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πŸ› Employment Equality Act + WRC + Labour Court
Employment Equality Act 1998/2015
Employment Discrimination
An employee is treated in a less favourable way than another person is, has been or would be treated. 9 grounds: gender, disability, civil status, family status, sexual orientation, religion, age, race, membership of the Traveller community.
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Illegal Advertisements
Advertising that is discriminatory is illegal. e.g. "Young staff wanted" discriminates on age grounds. Ads cannot suggest preference for a particular group.
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WRC β€” 4 Services
Advisory Service
Promotes good industrial relations practice; helps employers review and develop grievance and disciplinary procedures.
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Conciliation
Makes Industrial Relations Officers (IROs) available to offer neutral, impartial third-party steering to help parties reach a voluntary resolution. Parties represent themselves β€” informal process.
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Mediation
A mediation officer helps parties arrive at a solution together at an early stage. Voluntary process. If unsuccessful, referred for adjudication.
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Adjudication
An independent adjudication officer holds a hearing, hears evidence from both parties and issues a written decision. Statutorily independent β€” legally binding outcome.
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Labour Court
Labour Court
Court of last resort β€” hears appeals from WRC decisions and cases not resolved by the WRC. Offers arbitration hearings; investigates breaches of codes of practice; maintains a register of decisions.
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2023 Q4(A) Collective bargaining + three provisions of the Industrial Relations Act 1990. (20) β–Ό
(i) Explain the term collective bargaining. (5 marks β€” 2+3)
(ii) Outline three provisions of the Industrial Relations Act 1990. (15 marks β€” 3 Γ— 5 (2+3))
✏️ Part (i) β€” Collective Bargaining
Collective Bargaining: A process of negotiation between employers and a group of employees aimed at reaching agreements to regulate salaries, working conditions, benefits and other aspects of workers' rights. It results in a collective agreement that applies to all workers covered by it β€” e.g. the public sector pay deal negotiated between the Government and ICTU.
✏️ Part (ii) β€” Three Provisions of the IRA 1990
Trade Dispute: A trade dispute is defined as any dispute between employers and workers connected with the employment, non-employment or the terms and conditions of employment of any person. Disputes about managerial or political decisions are not covered.
Secret Ballot and One Week's Notice: Under the Act, no strike or industrial action can take place without a secret ballot of all union members. A majority (over 50%) must vote in favour. The employer must receive a minimum of 7 days notice before action begins and ICTU sanction is required.
Immunity: If industrial action is official and sanctioned, trade unions and workers are immune from legal action β€” the employer cannot sue employees for damages or losses suffered during the dispute. This only applies to official disputes that follow the correct procedures.
πŸ“Œ Marking scheme: 1 Γ— 5m (2+3) for collective bargaining + 3 Γ— 5m (2+3) for IRA provisions. Each provision = 2 marks for naming/stating + 3 marks for explaining. Picketing (primary and secondary) is also a valid third provision if immunity or secret ballot is already used.
2023 Q4(B) + 2025 Q4(B) Grounds for fair dismissal under the Unfair Dismissals Act. (20) β–Ό
Under the terms of the Unfair Dismissals Act 1977/2015, explain the grounds for dismissal that are deemed to be fair. (20 marks β€” 4 Γ— 5 (2+3))
✏️ Suggested Answer β€” 4 Grounds
Incapable: The employee is persistently late or absent β€” preventing work from being done. The employer must have documented proof such as clocking-in records or certified absence records. e.g. an employee who has been absent without medical cert on 15 occasions in a year.
Incompetent: The employee continuously fails to meet the required performance standards for the role. The employer must first make the employee aware of expectations and provide support before proceeding to dismissal. e.g. a sales rep who consistently misses targets despite training.
Misconduct: Gross misconduct may give rise to instant (summary) dismissal without notice. Examples of gross misconduct include assault, theft, bullying, drunkenness or serious breach of employer policy. e.g. an employee caught taking drugs at work.
Contravening Law: It is illegal to continue employing the person in that role. e.g. a non-EU employee whose work permit has expired β€” the employer would be breaking the law by continuing their employment.
πŸ“Œ Marking scheme: 4 Γ— 5m (2+3) β€” name the ground (2 marks) + explain it with a relevant example (3 marks). The six valid grounds are I I Q M R C (Incapable, Incompetent, Qualifications, Misconduct, Redundancy, Contravening Law). You only need four for a 20-mark question.
2021 Q1(C) Three types of redress for unfair dismissal. (20) β–Ό
Outline three types of redress available to employees who have been unfairly dismissed under the Unfair Dismissals Act 1977/2015. (20 marks β€” 7+7+6: each = name + definition + distinction)
✏️ Suggested Answer
Compensation (7 marks): A financial award of up to 2 years pay is granted to the unfairly dismissed employee. This is the most common form of redress and applies where the employee does not wish to return to the workplace. The amount is determined by the WRC adjudication officer based on the circumstances of the dismissal.
Re-engagement (7 marks): The employee is given a job (not necessarily their original job) but receives no back pay. This applies where the employee contributed somewhat to the dismissal β€” the dismissal was still deemed unfair but the employee's own conduct was a factor. They return to work but receive no compensation for the period they were absent.
Re-instatement (6 marks): The employee is returned to their original job with full back pay and all pay increases as if the dismissal had never occurred. This is the most favourable outcome for the employee and applies where the employee played no part in the dismissal.
πŸ“Œ Key distinction: Re-engagement (job, no back pay) vs Re-instatement (original job + full back pay). This distinction is tested repeatedly β€” always include it. Compensation is the most common redress in practice; Re-instatement is the most favourable for the employee.
2023 Q4(C) + 2020 Q1(C) Discuss the services provided by the WRC. (20) β–Ό
Discuss the services provided by the Workplace Relations Commission (WRC). (20 marks β€” 4 Γ— 5 (2+3))
✏️ Suggested Answer β€” 4 Services
Advisory Service: The WRC provides an advisory service to promote good industrial relations practice. It helps employers review and develop grievance and disciplinary procedures so disputes can be resolved internally before escalating β€” preventing costly industrial action.
Conciliation: Industrial Relations Officers (IROs) are made available to act as a neutral, impartial third party to steer both parties towards a voluntary resolution. The process is informal β€” parties represent themselves β€” and the IRO does not impose a solution but facilitates communication.
Mediation: A WRC mediation officer intervenes at an early stage to help parties arrive at a solution themselves. It is a voluntary process. If mediation is unsuccessful, the case is referred to the Director General and then to adjudication.
Adjudication: An independent adjudication officer holds a formal hearing, hears evidence from both parties and issues a legally binding written decision. This is the WRC's most formal service and the decision can be appealed to the Labour Court.
πŸ“Œ Mediation vs Conciliation in the WRC: Both are facilitated processes β€” neither issues a recommendation. The key distinction is that conciliation uses IROs to steer parties to a voluntary agreement; mediation uses a dedicated mediation officer and is a more structured process that can be referred for adjudication if it fails. Do not confuse either with Adjudication, which issues a binding written decision.
2022 Q1(A) + 2024 Q4(B) Trade union definition + impact on stakeholders / benefits to employees. (20) β–Ό
(i) Explain the term trade union. (5 marks β€” 2+3)
(ii) Illustrate the impact of trade disputes on any three stakeholders. (15 marks β€” 3 Γ— 5 (2+3))
✏️ Part (i) β€” Trade Union
Trade Union: An organisation of employees that promotes and protects the interests of its members through collective bargaining, negotiation and industrial action where necessary. e.g. SIPTU represents workers in many sectors; IBEC represents employers. ICTU is the umbrella body for trade unions in Ireland.
✏️ Part (ii) β€” Impact on Three Stakeholders
Employer: A trade dispute causes lost production and potential revenue loss during industrial action. The employer may also incur costs in hiring replacement staff or settling the dispute through WRC adjudication. However, resolving disputes can improve long-term employer-employee relations.
Employee: Employees on official strike receive strike pay from the union but may lose some income. However, a successful dispute outcome can result in better pay, improved conditions or reinstatement β€” benefiting all workers in the affected grade.
Consumer: Industrial disputes can lead to disruption of services β€” e.g. transport strikes affect commuters. Consumers may face higher prices if the employer passes increased labour costs on after settling a pay claim.
πŸ“Œ Illustrate = definition + example. For the stakeholder impact questions, name the stakeholder, explain how they are affected and give a specific Irish example (e.g. Aer Lingus pilots' strike, Luas dispute, bus/rail strikes). Named examples score better than generic ones.
The following topics are identified as 2026 must-knows for Chapter 3: Industrial Relations Conflict based on past paper frequency, examiner reports and the 2026 trend master sheet.
Trade Unions β€” definition, acronyms, collective bargaining Hot
Flagged as a 2026 must-know. Know the definition of a trade union and the key acronyms: ICTU (Irish Congress of Trade Unions), SIPTU, IBEC (employers). Collective bargaining appeared as a define question in 2023 Q4(A) and is examinable in both short and long question formats. Benefits of trade union membership to employees appeared in 2024 Q4(B). Past papers: 2024, 2023, 2022 Q1(A).
Reasons for industrial disputes + types of industrial action Hot
Listed as a 2026 must-know. Know all 8 causes of disputes and all 4 types of pay claim. Types of industrial action appeared in 2025 Q1(B) and 2024 Q4(A) β€” know Official Strike, Work-to-Rule, Overtime Ban and Token Stoppage with clear examples. Past papers: 2025, 2024, 2021 Q4(A), 2019 Q1(B), 2014 Q1(A).
Fair dismissal grounds + 5 steps for dismissal Hot
Has appeared in 2025, 2023, 2018, 2016 and 2012. Both the grounds (I I Q M R C) and the 5 steps (Counselling β†’ Verbal β†’ Written β†’ Inform in Writing β†’ Right of Appeal) are examinable. Must know the difference between fair and unfair dismissal, and constructive dismissal with an example. Past papers: 2025 Q4(B), 2024 Q1(C), 2023 Q4(B).
Redress for unfair dismissal β€” all three forms Hot
Listed as a 2026 must-know. Know all three: Compensation (up to 2 years pay), Re-engagement (job, no back pay) and Re-instatement (original job + full back pay). The Re-engagement vs Re-instatement distinction is tested every time this topic appears. Past papers: 2021 Q1(C), 2020 Short Q8, 2018 Q1(C), 2016 Q1(A).
WRC β€” four services Watch
Listed as a 2026 must-know. Know Advisory, Conciliation, Mediation and Adjudication β€” and be clear on the distinctions between them. Appeared in 2023 Q4(C) and 2020 Q1(C) as full 20-mark discuss questions. Employment discrimination + WRC's role in discrimination cases appeared in 2025 Q1(C) and 2022 Q1(C). Past papers: 2023, 2022, 2020, 2015.
Non-Legislative
Know the order β€” it matters
The 5 non-legislative solutions go in order of escalation: Meet and Talk β†’ Negotiation β†’ Mediation β†’ Conciliation β†’ Arbitration. Students often mix up the order or confuse Mediation and Conciliation. The key distinction: Mediation = no solutions offered at all. Conciliation = may suggest solutions.
Memory: Many Nervous Men Can Arbitrate β€” Meet, Negotiate, Mediate, Conciliate, Arbitrate.
Mediation vs Conciliation
The most common confusion
Both involve a third party helping parties reach agreement themselves β€” but: Mediator = no suggestions whatsoever. Conciliator = may suggest potential solutions but does not impose one. Neither issues a binding recommendation β€” that is arbitration.
Mediation: "I'm just here to get you both talking." Conciliation: "Have you considered this option?" Arbitration: "Here is my recommendation."
Fair Dismissal
Memory: I I Q M R C
Six grounds for fair dismissal: Incapable, Incompetent, Qualifications, Misconduct, Redundancy, Contravening Law. A 20-mark question only needs four β€” choose your strongest four and give an example for each. The 5-step process must be in the correct order.
Memory trick: I I Q M R C β€” "I Insist Qualifications Matter Rather Considerably." Steps: Counsel β†’ Verbal Warning β†’ Written Warning β†’ Dismiss in Writing (14 days) β†’ Right of Appeal.
Redress
Re-engagement β‰  Re-instatement
This distinction is tested every time. Re-engagement = job (maybe different), no back pay β€” employee partly at fault. Re-instatement = original job + full back pay β€” employee blameless. Compensation = financial award up to 2 years pay β€” most common in practice.
"Re-instatement puts you back exactly where you were β€” as if the dismissal never happened. Re-engagement gets you back to work, but your wallet feels the gap."
WRC Services
Discuss = explain the impact
When asked to Discuss WRC services, name and explain each service AND say why it is valuable or effective. A list of definitions alone will not score full marks. The Discuss command requires you to develop the point β€” show the benefit or impact of each service.
e.g. "Adjudication is valuable because the written decision is legally binding β€” unlike mediation or conciliation, it provides a definitive resolution that both parties must comply with."
9 Grounds
Employment Equality Act
Know all nine discrimination grounds β€” they are regularly asked as a list in short questions: gender, disability, civil status, family status, sexual orientation, religion, age, race, Traveller community. Students often forget civil status, family status or Traveller community.
Memory: G D C F S R A R T β€” Gender, Disability, Civil Status, Family Status, Sexual Orientation, Religion, Age, Race, Traveller Community. "Good Dogs Can Find Safe Routes Across Rural Towns."