All Flashcards

Question

What is required under redundancy dismissal?

Answer 1

Courts can determine if genuine in order to prevent dismissal which may result in a PG Employer can determine the adequacy of their own commercial reasons for disestablishing roles

Answer 2

Carried out in accordance with rules of natural justice - fair and reasonable Told of offence and consequences Employee side of story Decision made after assessment of all facts

Answer 3

Sacked on spot - must be so serious that it has caused an irreparable break down of the employment relationship. Serious Misconduct Wilful disobedience Serious neglect of duty Gross incompetence

Answer 4

Occurs when an employee resigns but the resignation is arguably a dismissal When employee given choice of dismissal or resignation Employer carries out acts designed to coerce resignation Employer fundamentally breaches employment contract in such a way employee resigns Can cause a PG for unjustified dismissal;

Answer 5

Employees work under contracts of service Independent contractors work under contracts for services Definition of an employee is of considerable importance in establishing whether a contract of employment exists

Answer 6

Do work desired by their client but not under kind of direct supervision or control that an employee typically receives from employer

Answer 7

``` Protection of legislation Collective agreements and passing on Employers liable for acts of employees not contractors Tax deductions Disputes arising and mediation ```

Answer 8

Gives primary attention to the "actors" and their choices and behaviours in employment relations system (contrast to systems theory)

Answer 9

Ascribes an active role to actors and gives weight to active participants views of work situations Meanings that individuals and groups give to their experiences in workplace Goals being pursued at work Expectations about appropriate behaviour Fundamental values, beliefs, and attitudes of participants

Answer 10

In trying to predict ER conflict and cooperation necessary to understand something of the subjective meanings that individuals use to interpret their situations and the extent to which that is shared at an organisational level People may not bind together but that need not be a bad thing as long as their beliefs and goals are acknowledged.

Answer 11

Trade unions most successfully challenged managements traditional authority in the areas of recruitment, dismissing, wage & salary fixing, promotion and disciplinary procedures (Where management decisions and policies directly impinge on economic welfare of employees)

Answer 12

Job content Work allocation Rate of work Other matters not in contract Might be accorded consultation but advisory only Management retain authority to make final decision

Answer 13

Financial decision making Raising of capital Size of dividends Investment in new technology

Answer 14

Right to information Right to consultation Right to shared decision making Employees and unions can try and assert their strength to point that practice becomes a norm

Answer 15

H&S, Training & Development Workplace partnership, Consultative committees

Answer 16

ERA retained and enhanced many of the existing employment institutions with purpose of preventing and resolving employment relationship problems

Answer 17

``` If two parties cant resolve an issue No cost Not advocate for either party Voluntary, neutral, confidential Assists to reach a solution ```

Answer 18

If both parties agree the mediator can make a decision This then becomes "med/arb hybrid"

Answer 19

The terms of confidentiality Ability of third party to be neutral Power imbalance Dissatisfaction

Answer 20

The relative powers and interests of key parties (employees, employers and government in the regulation of employment conditions and the establishment of workplace rights) The strategies adopted by employees, employers and government and their agents to influence, regulate or control the employment relationship. The formal and informal rules and processes that are used to establish and regulate the employment relationship. The cultural, social, economic, political, legal and institutional contexts within which the powers and interests of the key parties are established and exercised and within which the rules and processes that regulate employment relations are formulated and implemented.

Answer 21

Most debated idea of the last 25 years. Advocates of greater flexibility argue that it will break down labour market rigidities and improve adaptability.

Answer 22

See as an attack against minimum wage, job security and trade unions.

Answer 23

Unsatisfactory economic performance in 70s and 80s - However a lack of concept developed around the idea.

Answer 24

Can mean different things to different people. Little empirical evidence to support the positives and negatives.

Answer 25

Does flexibility debate contain recommendations for particular practices? or just market change analysis? Tendency to dull distinction between micro and macro analysis - cant tar all organisations with the same brush Seldom clear what processes surround the implementation of flexibility Who chooses? Who are the winner and losers? Mainly driven by employers - affect on employers and contractors less clear.

Answer 26

Atkinson (1984) model illustrates relationship to segmented labour theory Core workers - Highly valued, skilled, permanent, well paid (Job or functional flexibility) Peripheral - Less skilled, often casual, poorer employment conditions, disposable, may or may not be directly employed. (Contractual or numerical flexibility)

Answer 27

Core workers vs. Peripheral Workers

Answer 28

Reinforce market labour segmentation by taking core workers from population which are advantaged and then from peripheral which are usually poor, ethnic minorities, less educated

Answer 29

Conceptual framework but as there is no direct link between measured labour market trends and types of flexibility in place (or being introduced) it is difficult to answer the previous questions.

Answer 30

Labour market flexibility is affected by measures taken by workers as well as those by employers. QUANTITY: Labour force participation / Retirement Age / Holidays / Normal hours of work / Geographic intensity and area of job search QUALITY: Participation in formal education and training / Training at work / Effort at work / Occupations willing to work in WAGES: Wage rates / Wage like payments (e.g. promotion) / Piece Rates PRODUCTION: n/a

Answer 31

QUANTITY: Recruitment age / dismissal policies / leave policy / attrition and redundancies QUALITY: design of jobs / contractors / skill based entry requirements / in house training / management system WAGES: wages paid / over time rates paid / non wage benefits / promotion rates PRODUCTION: Product innovation / inventory changes / technology of production These tables provide an overview of possible response patterns which can be used for strategic planning.

Answer 32

Contractual flexibility - short term, fixed term, casual, agency Pay Flexibility: Pay levels are based on employers "ability to pay" drive wages down and reduce overtime, penal and seniority rates Job Flexibility: Optimal use of labour during production of provision or services (functional flexibility) - less demarcation between job functions. 1987 Labour relations act provided some flexibility but there were constraints on contract, wage and jobs.

Answer 33

Thought to be due to move towards more enterprise based organisations, less restrictive collective agreements and more IEAs. Growing use of salarisation

Answer 34

Some reintroduction of OT & Penal rates due to tight labour market but not common Statutory minima - more pervasive and important Tight labour market influenced pay levels across the labour market. Pay increases outpaced consumer inflation Makes sense to have more flexibility Bonuses/Performance Payments/Frequent Pay Reviews

Answer 35

Can make job more interesting Works for lifestyles Can keep business costs down

Answer 36

Negative impact on working conditions | Some critics argue its about driving wages down

Answer 37

Regular contract but with no promise of hours | Labour agency also another form

Answer 38

``` Nepotism/Cronyism Hard to budget Hard to plan a life Abuse by managers Scared to take sick leave Abuse of health and safety Breeds a culture of pitting staff against each other ``` "Working poor"

Answer 39

Good for students and retirees - who maybe don't have the same social demands as others Employers argue they need the competitiveness to ensure that all shifts are filled.

Answer 40

Free-riding is the "passing-on" of union negotiated deals to non union employees.

Answer 41

Non union employees who receive a free-ride because of the employer practice of passing on improvements of terms and conditions gained in the union negotiated collective agreements

Answer 42

Rational option as maintains parity and simplify administration by creating standard employment agreements across workforce minimising cost Non union workers accept because they are able to gain without contributing to union costs.

Answer 43

Used to undermine union recruitment campaigns - little incentive to join Pre 2005, -0% could benefit from free-riding

Answer 44

Amendment Act 2004 made it a breach of good faith if the passing on had the intent/effect of undermining union bargaining However unions and employers could agree to Ts and Cs to get substantially same provisions through negotiation.

Answer 45

Persuade employers to delay increases to non union staff | Advocating bargaining fees to non union staff

Answer 46

Redundancy and long service leave Improvements over statutory minima Security/Philosophical reasons Decline in private sector indicates that collective bargaining perceived as offering too little or nothing at all.

Answer 47

Is a potential breach of freedom of choice if not passed on to non union members (pressure on people to join a union)

Answer 48

Systems view of ER which emphasises - setting up of institutions and procedures to regulate conflict by formulating rules agreed to and followed by actors in the system Recognises power and status of actors in system, and reflect power and status in broader community/society Tends to insulate ER from broader social, economic and political context due to its focus on rules and structures.

Answer 49

Unitary Model Pluralist Model Radical Model

Answer 50

Conflict is dysfunctional, unnecessary and regrettable Managerial Model, all should accept management in pursuit of its goals, any objecting views are irrational Team/Family Paternalistic Unions views as a mechanism of employee greed ER like HR and can be left in managements hands

Answer 51

Conflict is inevitable and potentially positive in a democratic system Coalitions of individuals and groups - all pursuing their own goals, dependent on others for mutual survival Terms of collaboration established through bargaining A balancing act to satisfy all parties Management must actively purse consensus Trade unions as expressing legitimate concerns, may sometimes have to accept terms which they deem arbitrary

Answer 52

Conflict is seen as a necessary means through which power relationships can be changed and Marxist ideologies - challenge assumption of balance of power between parties to employment relationship and direct attention to underlying inequalities Less focus on institutional aspect and more on the underlying social and class structures and culture as well as issues to power distribution

Answer 53

Economic relationships intertwined with other relationships in society Acceptance of change Recognition of contradiction, opposing and conflicting forces Belief we shape our own history Organising and acting collectively Emphasis on ER being ever changing has become part of mainstream ER thinking as have the impact of underlying social and economic influences

All Flashcards

(77 cards)