Unit 1 Flashcards
1
Q
commercial business
A
provides goods/services with the aim of making a profit
2
Q
non-commercial business
A
NFP; puts people and the community ahead of profit
3
Q
business
A
organisation that buys and sells goods and services
4
Q
stakeholders in business
A
- entrepreneur
- investor
- employer
- employee
- producer
- consumer
- manager
- supplier
- service provider
- government
- local community
5
Q
interest group
A
group of people that meet and campaign for a common goal, e.g. through boycotting and lobbying
6
Q
IBEC
A
Irish business and employers confederation
7
Q
ISME
A
Irish small and medium enterprises association
8
Q
SIMI
A
society of the Irish motor industry
9
Q
Trade union
A
represents the views and interests of employees in particular industries. aims to protect workers and improve pay and working conditions for members
10
Q
IFA
A
Irish farmers association
11
Q
co-operative relationship
A
win-win
12
Q
competitive relationship
A
win-lose
13
Q
dependent relationship
A
need each other for success
14
Q
dynamic relationship
A
changes constantly
15
Q
relationships between stakeholders
A
- entrepreneur/investor
- consumer/producer
- employer/employee
- producer/producer
- business/government
- business/local community
- business/business
- producer/interest group
16
Q
contract
A
a legally binding agreement between two or more parties which is enforceable by law
17
Q
elements of a valid contract
A
- agreement
- intention to contract
- capacity to contract
4.consent to contract - consideration
- legality of purpose
- legality of form
18
Q
agreement
A
for agreement to exist, there must be a clear, unconditional and complete offer made by one party and accepted by the other party to a contract
19
Q
invitation to treat
A
invitation to another person to make an offer
20
Q
intention to contract
A
both parties intend to create contract. contract law assumes that all business agreements are intended to be legally binding/ all social agreements are not intended to be legally binding
21
Q
capacity to contract
A
everyone has the legal ability to enter into a contract except anyone under 18, and anyone mentally incapacitated
22
Q
consent to contract
A
you must enter into a contract voluntarily; invalid if you are under physical pressure or threat, there is a genuine mistake made by either party, either party is dishonest or gives false info
23
Q
consideration
A
each party in the contract must give something of value to the other party e.g. money or goods
24
Q
legality of purpose
A
legally binding contract must be for legal purpose e.g. cannot have contract to purchase illegal drugs
25
legality of form
contract must be drawn up in the correct legal format e.g. property contract must be in writing
26
termination of contract
1. performance
2. agreement
3. frustration
4. breach of contract
27
performance
contract ends if both parties complete their side of the contract exactly as set out in the contract
28
agreement
both parties mutually agree to end contract even if the purpose is not completed
29
frustration
contract ends when unforeseen event arises that prevents the completion of the contract e.g. bankruptcy/ extreme weather
30
breach of contract
ends if one party breaks condition (essential element) of contract
31
remedies for breach of contract
1. compensation
2. rescind contract
3. specific performance
32
non-legislative ways of resolving consumer conflict
1. negotiation
2. letter of complaint
3. assistance from 3rd party
33
negotiation
if consumer is unhappy with a good/service;
1. return to retailer with PoP
2. ask to speak with manager
3. tell retailer how they would like the problem to be solved. retailer can accept or reject or offer alternative
34
letter of complaint
1. outline problem with good/service
2. explain how they'd like the problem to be resolved
3. include PoP
-retailer can accept, reject or offer alternative
35
assistance from 3rd party
e.g. CAI, EEC Ireland
36
CAI
consumer's association of Ireland; interest group on behalf of consumers. aims to make consumers aware of their rights and receive quality goods at a reasonable price
-operates website
-lobbies the government to improve legislation
37
ECC Ireland
European consumer centre Ireland; part of EU network of consumer centres
38
legislative methods of resolving consumer conflict
1. sale of goods and supply of services act 1980
2. CPA 2007
3. CCPC
4. ombudsman
5. small claims procedure
39
rights when purchasing a good (SGA)
goods must:
1. be of merchantable quality
2. fit purpose intended
3. be as described
4. match sample shown
40
rights when purchasing a service (SGA)
right to expect that:
1. supplier is qualified and has skills needed
2. supplier will use proper care and diligence
3. materials used are sound and fit for purpose intended
4. goods provided with service are of merchantable quality
41
remedies for breaches of the act (SGA)
1. refund
2. repair
3. replacement
42
retailer's responsibility (SGA)
1. under the act, when a consumer buys goods they have a contract with the seller; seller must resolve issue
2. retailer can't put signs up in their business that gives consumers the impression that they have reduced or limited consumer rights
43
guarantees (SGA)
states they will repair/replace faulty item within certain time period after purchase. legally binding and enforceable by law. must state goods covered, time frame, claims procedure
44
second hand goods
should fit purpose intended, but should not be expected to be the same quality as new goods
45
inertia selling/unsolicited goods
goods sent to someone with a demand for payment, even though the person did not order the goods. this is illegal. person can keep them without payment if the seller has not collected within 6 months
46
evaluation of SGA
protects consumers, ensures they get valid remedy if good is faulty or does not meet legal standard.
47
Consumer protection act 2007 (functions)
1. misleading descriptions
2. aggressive practices
3. prohibited practices
4. price display regulations
5. price controls
48
misleading descriptions (CPA)
should not advertise goods/services in deceiving way e.g. deliberately misleading/withholding info
49
aggressive practices (CPA)
cannot harass/coerce consumers into buying a product
50
prohibited practices
false claims that product can cure illness, promotions/competitions where it costs money to claim prizes, claiming business is closed when it isn't.
51
price display regulations (CPA)
gives minister for jobs, enterprise and innovation power to require that price of certain products must be displayed in a particular manner e.g. must include VAT
52
price controls
can be introduced in emergency situations if approved by government
53
evaluation of CPA
good for consumers as they receive honest info from retailer, and ensures that they know what they are buying and the price of the item
54
CCPC
Competition and consumer protection commission: independent body that enforces competition and consumer protection law in Ireland
55
functions of CCPC
1. Informs consumers of rights
2. investigates breaches of consumer law
3. advises government
4. personal finance info and education
5. enforces product safety regulations
56
informs consumers of their rights (CCPC)
-website + telephone helpline
-newspaper/social media campaigns to raise awareness
-info on how to manage money
57
investigates breaches of consumer law (CCPC)
-can issue on the spot fines for breaches of price display legislation
-prosecute traders who breach consumer laws
58
advises the government (CCPC)
researches to identify areas where consumers need more protection. informs govt. on impact of new laws and changes to existing laws on consumers
59
personal finance information (CCPC)
provides financial info and education to consumers; public awareness campaigns + financial education programmes
60
enforces product safety regulations (CCPC)
ensures producers/retailers obey relevant product safety regs. Shares info about dangerous products across EU
61
ombudsman
if consumer cannot resolve complaint with org. they can make a complaint to relevant ombudsman (If they have already gone through org's complaints procedure).
Free of charge.
62
FSPO
financial services and pensions ombudsman: deals with complaints from individuals against financial institutions and pension providers.
-aims to solve issue through mediation and find mutually acceptable solution
-makes legally binding decision if agreement not reached
-can award compensation if complaint upheld
63
office of the ombudsman
investigates complaints from people who think they have been treated unfairly by a public body e.g. HSE, govt. departments.
-may request files from public body or demand to meet employees of govt. dept.
-issues recommendation on how they think it should be solved
64
small claims procedure
if unable to resolve complaint, small claims procedure at district court. claims of up to $2000 can be made for
-faulty goods
-poor quality production
-damage to property
65
Steps of the SCP
1. application
2. small claims registrar
3.referral to district court
4. appealing a decision (to circuit court)
66
evaluation of the SCP
-cheap, fast method of resolving consumer complaints
-housed in local district court
67
industrial relations
refers to the relationship between the employer and the employee in an organisation
68
benefits of positive industrial relations
1. recruitment and retention
2. employee motivation
3. intrapreneurship
4. change
5. industrial action
69
causes of industrial relations conflict
1. pay
2. working conditions
3. technology
4. redundancy
5. unfair dismissal
70
pay claim
a demand made by employees to their employer for an increase in pay
71
types of pay claims
1. cost of living claim
2. comparability claim
3. productivity claim
4. relativity claim
72
trade union
organisation that aims to protect and improve the pay and working conditions of its members. members pay yearly subscription
73
ASTI
association of secondary teachers Ireland
74
shop steward
elected by trade union members in workplace and acts as union's representative in that workplace.
-provides feedback to union on views of members
-gives advice and support to members on workplace issues
-helps resolve disputes between employees and management
75
benefits of trade union membership (employees)
1. protects employee rights
2. information and support
3. better pay and working conditions
4. national level (raises awareness through media)
76
benefits of trade union membership (employers)
1. faster negotiations
2. introducing change
3. improved health and safety
77
ICTU
Irish congress of trade unions: umbrella body that represents and campaigns on behalf of trade union members in Ireland.
-provides training and info
-resolves disputes
-negotiates on behalf of TUs
78
bargaining
managers and employees meet to discuss wide range of issues including pay and working conditions
79
bargaining types
1. individual
2. collective
3. national collective bargaining/ social partnership
80
social partners
groups that work together with govt. to achieve agreed goal that benefits all involved, e.g. IBEC
81
types of industrial action (legal)
1. official strike
2. all out strike
3. work to rule
4. token stoppage
5. overtime ban
82
official strike
employees refuse to enter the workplace and perform normal duties. requires:
-secret ballot
-7 days notice
-approved by trade union
Members may receive strike pay from TU
83
all out strike
all employees go on strike, including ones not involved directly in the dispute:
-secret ballot
-week's notice
-ICTU approval
84
work to rule
employees carry out duties exactly as stated in contract/job description - no extra duties
85
token stoppage
employees refuse to work for short period of time e.g. a day. gives employer warning that more serious action may be taken if agreement not reached
86
overtime ban
employees refuse to work overtime - puts employer under pressure to resolve complaint quickly
87
types of industrial action (illegal)
1. unofficial strike
2. wildcat/lightning strike
3. political strike
88
unofficial strike
strike action but does not meet all or some of the requirements for official strike. members do not receive strike pay
89
wildcat/lightning strike
employees take strike action without any warning to employer
90
political strike
employees go on strike to protest against the government's actions
91
impact of industrial action on stakeholders
1. employer
2. investors
3. employers
4. suppliers
5. government
6. consumers
92
non-legislative ways of resolving consumer conflict
1. meeting and talking
2. negotiation
3. conciliation
4. mediation
5. arbitration
93
meeting and talking
meeting arranged to discuss issue. shop steward may represent employee and HR manager may represent employer
94
negotiation
both parties meet and bargain; offers and counter offers made until compromise reached
95
conciliation
dispute referred to independent conciliator who listens to both parties and tries to get them to come to an agreed solution
96
conciliator
person who brings disputing parties together to try resolve dispute
97
mediation
independent mediator hears both sides of dispute and outlines how they think the dispute should be solved. encourages both parties to solve the dispute togther
98
mediator
independent person who tries to get both parties in a dispute to reach an agreement by acting as a go-between
99
arbitration
independent arbitrator listens to both parties and makes decision on how problem should be resolved -legally binding, can be rejected by one or both parties.
*binding arbitration if both parties agree to accept decision beforehand
100
arbitrator
independent person that examines issue and makes recommendation on how it should be solved
101
legislative methods of resolving industrial relations conflict
1. industrial relations act 1990
2. workplace relations commission
3. labour court
4. unfair dismissals acts 1977-2015
5. employment equality acts 1998-2015
102
industrial relations act 1990
1. trade disputes
2. secret ballot
3. minimum notice
4. picketing
5. immunity
103
trade disputes (IRA)
any dispute between employer/employee regarding employment/non-employment, terms and conditions of employment.
legal: pay/working conditions, discrimination, dismissal.
illegal: running of the firm, discontentment with government, closed shop agreements
104
secret ballot (IRA)
confidential vote in which employees decide whether to take industrial action. if majority agrees trade union decides most effective type of action
105
minimum notice (IRA)
minimum of 7 days notice before industrial action
106
picketing (IRA)
primary: takes place at the employee's workplace. involves employees walking outside the workplace carrying placards indicating that they're taking strike action.
secondary: protesting outside the workplace of another employer - legal if they believe the employer is helping to break their strike
107
immunity (IRA)
employer cannot sue TU or members for losses incurred due to official strike action
108
WRC
workplace relations commission
109
functions of the WRC
1. information
2. advisory service
3. conciliation
4. mediation
5. adjudication services
6. codes of practice
110
information (WRC)
provides info on employment law and industrial relations to employers/employees through website/phone service
111
advisory service (WRC)
works with businesses to maintain/develop positive industrial relations. can visit firms and provide workshops and training.
112
conciliation (WRC)
independent conciliator hears disputes and helps parties reach mutually acceptable solution.
113
mediation (WRC)
mediation officer tries to get parties to reach agreement; if successful, he records it in writing and it becomes legally binding. If failed, adjudication offer
114
adjudication services
adjudication officer investigates cases of unsuccessful mediation. Hears both sides and makes decision - can be appealed to labour court
115
codes of practice
written rules that define how people/orgs. must act in particular situations, e.g. bullying/discrimination procedures.
116
labour court
court of last resort: industrial relations tribunal. aims to resolve and adjudicate on industrial relations disputes quickly, fairly and informally.
117
functions of the labour court
1. investigates disputes
2. hears appeals
3. establishes JLCs
4. registers EROs
5. interpretation of codes of practice
118
investigates disputes (LC)
investigates trade disputes and issues decision on case - can be appealed to the High Court
119
hears appeals (LC)
decisions made by WRC adjudication officer can be appealed - LC issues binding judgement
120
Establishes JLCs (LC)
joint labour committees: improves pay and working conditions for staff in certain sectors, e.g. hairdressing.
used in sectors with low TU membership. made up of equal number of employee/employer reps. appointed by LC and chairperson. sets min. pay and working conditions
121
registers EROs (LC)
employment regulation orders; drawn up by JLC and fixes min. rate of pay and working conditions for certain industries - adopted by LC and becomes legally binding
122
Interpretation of codes of practice (LC)
gives its opinion on the interpretation of codes of practice made by the WRC. also investigates complaints about breaches of codes.
123
unfair dismissals acts 1977-2015
prevents employees being dismissed from their jobs for unfair reasons. under the acts, all dismissals are deemed unfair and the burden of proof lies with the employer, i.e. must prove it's fair. only applies after one year of continuous employment
124
fair dismissals
1. redundancy
2. incompetence
3. qualifications
4. employee misconduct
5. legal reasons
125
procedure for dismissal
1. counsel employee
2. verbal warning
3. first written warning
4. final written warning
5. suspension
6. dismissal
126
unfair dismissals
1. age
2. religious/political beliefs
3. race
4. TU membership
5. pregnancy
6. gender
127
redress for unfair dismissals
1. reinstatement
2. re-engagement
3. compensation
128
reinstatement
-get old job back
-entitled to back pay
-entitled to any improvements in conditions of employment
129
re-engagement
-may get old job back or alternative approved by WRC
-not entitled to back pay
130
compensation
-up to two years salary if financial loss suffered
-up to four weeks salary if no financial loss
131
constructive dismissal
occurs when employee resigns due to employer's conduct towards them
-burden of proof lies with employee to show resignation is justified
-should have tried every other way before resigning
132
employment equality acts 1998-2015
prohibits discrimination in the workplace. applies to temporary/part-time employees in all sectors. also applies to:
-equal pay
-training
-promotion
133
illegal discrimination
-age
-gender
-disability
-sexual orientation
-traveller
-family status
-civil status
-race
-religious beliefs
134
non-legislative ways of resolving discrimination
1. meet with management
135
legislative ways of resolving discrimination
1. mediation (WRC)
2. adjudication (WRC)
