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Less severe and may not invalidate the contract entirely
Breaching a minor aspect of the contract - the product was the wrong size, colour...
Customer may receive a reduced price

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Advisory Service
Promotes good practice in the workplace by
assisting and advising organisations in all aspects of industrial relations
Conciliation
Impartial third party (Industrial Relations Officers) chairs ‘conciliation conferences’. Conciliation conferences allow an independent chairperson  to steer the discussions. Voluntary
Solutions are reached by consensus, whether by negotiation and agreements facilitated between the parties themselves, or by the parties agreeing to settlement terms proposed by the Conciliation Officer.
Informal in its practice. The parties are free to represent themselves or be represented by trade unions or by employer organisations.
Mediation
Mediation seeks to arrive at a solution through an agreement between the parties, rather than through an investigation or hearing or formal decision. The WRC offers a mediation service in certain cases to facilitate the resolution of complaints/disputes where possible at an early stage and without recourse to adjudication.
Mediation Officers
Adjudication
Adjudication Officers of the WRC are statutorily independent in their decision making duties.
Hold hearings where parties are given an opportunity to be heard by the Adjudication Officer and to present any evidence
Doesn't mediate or conciliate the case. Parties may be accompanied and represented at hearings by a trade union official, a practicing barrister or practicing solicitor for example.
The Adjudication Officer will then decide the matter and give a written decision in relation to the complaint. The decision may:
▪ declare whether the complainant’s complaint was or was not well founded͖,
▪ require the employer to comply with the relevant provision(s),
▪ require the employer to make such redress as is just and equitable in the circumstances including the award of compensation.
A party to a complaint may appeal to the Labour Court from a decision of an Adjudication Officer.
Compliance/Inspection Service
Inspectors visit places of employment and carry out investigations on behalf of the WRC and where breaches of legislation have been found, an Inspector may issue either a Compliance Notice or a Fixed Payment Notice to an employer.
Enforcement of Decisions
If an Employer fails to carry out a decision of an  Adjudication Officer of the W, or a decision of the Labour Court arising from an appeal of an Adjudication Officer's decision, within the prescribed time, an application may be made to the District Court for an order directing the Employer to carry out the decision. The application can be made by the following:
▪ The Employee/Complainant (or legal representative on their behalf)
▪ A Trade Union, with consent of employee, or
▪ An excepted body of which the employee/complainant is a member.
In the case of an Adjudication Officer’s decision, the application to the District Court can be made after a period of 56 days has elapsed from the date the decision was issued to the parties. A period of 42 days must have elapsed from the date the Labour Court decision was issued to the parties before the application can be made in respect of that decision.

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Protects skilled employees aged 16-66 who have been working full time for at least a year.

Fair dismissal:

Misconduct

Capacity

Redundancy

Unfair dismissal:

Trade union membership

Pregnancy

Religion

Striking

Suing the employer

Procedure for dismissal:

1. Counsel employ and find a solution

2. Verbal warning

3. Written warning

4. 2nd written warning

5. Suspension - with or without pay - confirmed in writing

6. Dismissal

Redress:

reinstatement, or

re-engagement, or

compensation to a maximum ceiling of 2 years’ remuneration.*

*Remuneration =  salary, benefits in kind (car, VHI, lodgings etc.) and employers pension contributions.

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Outlaws discrimination in employment(and related)areas.
Discrimination is treating one person less favourably than another person is, has been, or would have treated on nine grounds.
9 grounds:

1. gender

2. age

3. race

4. sexuality

5. religion

6. member of the Travelling Community

7. marital status

8. family status

9. disability

Equality Authority:

Set up under Acts

November 2014 - merged with Irish Human Rights and Equality Commission

IHREC:

promote human rights and equality + an understanding of their importance

examine legislation that may affect human rights

provide legal assistance

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Appointed under Industrial Relations Act 1990.

Part of WRC

Investigates disputes involving 1/small number of workers.

Issues findings in the form a decision/non-binding recommendation.

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Deals with appeals

Free

Not a court - it is an Industrial Relations Tribunal

Arbitration service

Establishes JLCs

Provides opinion on codes of practice according to Industrial Relations Act 1990.

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Picketing:

Primary: legal, picketing business involved in dispute

Secondary: illegal, picketing another employer(eg. a supplier) to make the strike more effective

Other forms:

1. Official strike: secret ballot, week's notice, ICTU approval

2. Unofficial strike: strike without union approval, WRC refuses to intervene

3. Work-to-rule: 'go-slow' by workers, still deserve wages but minimum output

4. Wild-cat strike: no warning, resolved quickly, no immunity

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Trade unions are registered under the Trade Union Acts 1871-1990. Trade unions are established to represent workers in their relations with employers or to act as representative bodies for particular interest groupings.

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Set up the Labour Relations Commission - now the Workplace Relations Commission

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Set up the Labour Relations Commission - now the Workplace Relations Commission

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WRC set up on 1st October 2015 under the Workplace Relations Act 2015

Deals with all cases at first instance

Assumes role of:

National Employment Rights Authority

Equality Tribunal

LRC

Rights Commissioners Service

Complaints/referrals from Equality Appeals Tribunal

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Immunity: must be an official dispute(secret ballot and 1 week's notice, ICTU approval)

If it's only one worker, all other options must be exhausted(Right's Commissioner)

Trade dispute: a dispute that is connected to the employment/non-employment or terms of employment of a person.

Legitimate reasons for a trade dispute: dismissal, trade union recognition, pay and conditions, discrimination

Illegitimate reasons: politics, running of the business, enforcing a closed shop agreement.

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Provides information on consumer rights

Encourages businesses to comply with consumer law

Investigates breaches of consumer law

Publishes "Consumer Protection List"

Prohibits false advertising

Advises policy makers in relation to consumer law

Assess mergers

Enforce product safety regulations

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Competition and Consumer Protection Act 2014

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Competition and Consumer Protection Act 2014

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Set up CCPC - joined NCA and Competition Authority

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Set up National Consumer Agency

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Deals with claims of breaches of consumer law of up to €2,000, for a fee of €25.
It is speedy, low-key and cost effective.
Excluded from the small claims procedure are claims arising from:

1. a hire-purchase agreement

2. a breach of a leasing agreement

3. debts

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Repair

Replacement

Refund

Credit note - only acceptable if consumer is willing to accept it

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Appropriate skill required

Due care and attention

Materials used must be of merchantable quality

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Inertia selling

It is illegal to demand payment for unsolicited goods

Consumers can keep goods if they wait:

Six months without preventing collection

30 days after sending written notice, including name, address and where goods can be collected

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Retailers are responsible for a manufacturer's guarantee

Consumers can claim against either

Guarantee applies to not only buyer/hirer, but the owner(EG. gifts are under guarantee)

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Sale of Goods and Supply of Services Act 1980

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Sale of Goods and Supply of Services Act 1980

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1. Merchantable quality: fit for normal use, and quality should correspond to price

2. Fit for the purpose: should be fit for its stated/obvious purpose

3. Sale by description: must match descriptions provided

4. Sale by sample: must match samples shown

5. Ownership and quiet possession: seller must have proper claim on the goods

6. Contract for the sale of vehicles: cars must be free of dangerous defects, unless the car isn't going to be used for that purpose

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Damages: financial compensation to the injured party
Specific performance: court orders terms be carried out as agreed(sale of land, for example)
Rescind the contract: court orders contract be cancelled, and both parties revert to previous position

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1. By performance: both parties fulfil their obligations

2. By agreement: mutual consent to end contract (clause in employment contracts)

3. By breach of contract: failure to fulfil one side of deal

4. By frustration: unforeseen circumstances(death, bankruptcy, goods to be delivered are stolen/destroyed by fire)

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death

not accepted within time period specified by offerer

withdrawn/revoked before acceptance

offeree makes a conditional acceptance(counter-offer)

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Invitation to make an offer to buy some product at the advertised price

Retailers can accept/reject the offer

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Contract: legally binding agreement that is enforceable by law

Elements:

1. Agreement: offer(commitment to be bound by a contract if accepted) and acceptance(must be identical to offer), acceptance can be oral, in writing or by conduct

2. Consideration: monetary value of an enforceable contract

3. Intention: during negotiations, it must be the intention of both parties that a contract exists

4. Capacity: must be over 18, of sound mind, not intoxicated, and must be part of the objects in the MOA

5. Consent: both parties must voluntarily consent to the agreement

6. Legality of form: some contracts must be in writing to be valid

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Non-legislative methods of conflict resolution

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Non-legislative methods of conflict resolution

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1. Negotiate a solution: offers and counter-offers, low-key and fast

2. Conciliation: agreed third party hears issues and suggests non-binding solution

3. Mediation: intervenes only when there is a 'deadlock' and suggests proposals

4. Arbitration: both parties agree in advance to accept the solution of an agreed third party, legally binding

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BOD want maximum profits but management need finance for spending

Businesses charging higher prices than consumers are willing to pay

Leadership styles - no consultation

Industrial relations issues

Problems with suppliers - dates, length of credit, quality

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Co-operative:

good return on investment

honest/transparent information

Competitive:

no information about business/low dividends result in investor leaving

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Co-operative:

customers get fair price - business gets profits

brand loyalty

Competitive:

customers choose lower price from competitor

producer offers bad quality/after-sales service and consumers go elsewhere

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Co-operative:

generic marketing and area promotion

sharing shipping containers

Competitive:

lowering prices

providing better product/service

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Co-operative:

trade union recognition (results in fewer strikes)

training (more efficient)

Competitive:

New technology (redundancies -> strikes)

Reduced wages (less cooperation, lower morale)

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Co-operative: common goals - "win-win" situation

Competitive: different aims - gain an advantage over one another