The future of Collective Bargaining Rights?
|
|
- Millicent Hancock
- 6 years ago
- Views:
Transcription
1 The future of Collective Bargaining Rights? Reform of the Industrial Relations (Amendment) Act 2001 Brendan McGinty November 2014
2 Programme for Government To reform the current law on employees right to engage in collective bargaining (the Industrial Relations (Amendment) Act 2001) so as to ensure compliance by the State with recent judgments of the European Court of Human Rights.
3 Industrial Relations (Amendment) Act of 2001 Provides a mechanism whereby companies who do not have a practice of engaging in collective bargaining negotiations can be brought to the Labour Court by trade unions; Something of an Irish solution to an Irish problem where: Voluntarism remains a core value; Absence of thresholds to trigger compulsion e.g. as in the UK; In the absence of CB, fairness of pay & conditions can be assessed; Robust legal rights exist and protection against victimisation of employees to be enhanced and Allows for flexibility at a company level in how relations are managed and disputes resolved. Main provisions already in existence, so its NOT a clean slate. LC may make recommendations about the terms and conditions of employment of certain workers in those companies & can result in enforceable determinations. LC may not recommend in favour of CB arrangements so that affected companies recognise any trade union.
4 Supreme Court Challenge Ryanair Significant problems arose for employers in the operation of the Act of In 2007, in Ryanair, the Supreme Court overturned the Labour Court s interpretation. Act of 2001 has not been used very often since 2007, though it has remained in force Employer bodies focus on fixing the Act
5 Effect of Decision in Ryanair Key element of Ryanair decision - meaning of the expression practice of the employer to engage in collective bargaining negotiations. Any employer who has such a practice is not subject to the operation of the Act of Supreme Court gave a wide interpretation of that expression. Thereby excluded certain categories of employers from the Act who had previously been thought to be covered if there is machinery in a company whereby employees may have their own independent representatives who sit around the table with representatives of the company with a view to reaching agreement if possible, that would seem to be collective bargaining within an ordinary dictionary meaning. Note Complaint also made by Congress & IMPACT to the ILO Committee on Freedom of Association
6 ILO Committee on Freedom of Association Report (June 2012) Made no adverse finding about Ireland s IR framework in terms of compliance with Convention 98 and recognised the robustness of IR structures and legislation Insufficient information to address the question of whether the events complained of at Ryanair had occurred, or were in breach of existing Irish legislation? The Committee recommended that: 1. The Irish government conduct a thorough review of protective measures with the social partners; 2. An independent inquiry to take place into the alleged acts of interference within Ryanair; 3. The government, in consultation with the social partners, to review the existing framework and consider any appropriate measures, including legislative measures, to ensure respect for the principles of freedom of association and collective bargaining, including through the review of the mechanisms available with a view to promoting machinery for voluntary negotiation between employers and workers organisations..the recommendations were part of the backdrop for the review of the Industrial Relations (Amendment) Act 2001.
7 DJEI Discussion Document March 2014 Compulsory union recognition remains unrealistic & most likely would require a Constitutional referendum. Preceded by consultations with Ibec, Congress and AmCham. Confirms that the Government is committed to maintaining Ireland s voluntarist tradition of industrial relations. Not proposing any form of mandatory union recognition or mandatory collective bargaining for Ireland.
8 Government Decision May 2014 Provide clarity to the expression collective bargaining.. and essentially that Voluntary negotiations between the employer (on the one hand) and a trade union or excepted body (on the other) would be captured.
9 Proposed Definition of CB For the purposes of this Act, collective bargaining comprises voluntary engagements or negotiations between any employer or employers organisation on the one hand and a trade union of workers or excepted body on the other, with the object of reaching agreement regarding working conditions or terms of employment or non-employment of workers. Where an employer asserts that it engages in CB with an Excepted Body for the grade, group or category, it is for the employer to satisfy the Court that this is the case.
10 Key Issues Arising from definition of Collective Bargaining? Should consultations as well as engagements and negotiations be included in the definition of Collective Bargaining? Could I&C structures be considered to constitute Collective Bargaining for the purposes of the Act? An occasional failure to reach agreement should not take the practice of negotiation or engagement outside the scope of Collective Bargaining?
11 Protection for Employers (1) When bringing a claim, a union (Gen. Sec) must provide a statutory declaration as to the number of its members and period of membership in the grade, group or category workers who are in dispute with the company. The Court, when making a recommendation under the 2001 Act, must have regard to the sustainability of the employer s business in the long term. The Court, when assessing the terms and conditions of employment which are in issue, must consider the totality of remuneration and terms and conditions, and Comparable terms and conditions in other companies, both unionised and non-unionised rather than confining terms and conditions benchmarks to unionised entities This will not reveal the identity of those involved which is likely to remain a contestable issue for many employers and risk further legal challenges? Guidance will be required as to what is meant by sustainability? Guidance will be needed as to what is meant by (i) the totality of T&C s? (ii) how will information about comparable T&C s in other companies (union & non-union) be gathered and assessed? (iii) will independent assessors be used? (iv) will other non-union firms share their data? (iv) will the onus rest with the Union to prove that terms and conditions are out of line? (v) will the LC will recognise the legitimacy of performance based pay & total reward models in assessing fairness?
12 Protection for Employers (2) Before the LRC under SI.76, the union will be required to set out the issues and identify the affected grade, group or category of workers. The Court shall decline to hear a case where it is satisfied that the workers who are in dispute are insignificant having regard to the total number of workers employed by the employer in the group, grade or category. A stipulation that only one claim can be taken in any 18 month period in respect of the same grade, group or category of workers. SI. 76 of no change in week period allowed but reply period to be 4 weeks (from 2) and the period for the LRC to resolve matters to be 8 weeks (from 6) Clarity needed for both the employer and the LRC and the issue remains about the absence of a requirement for those employees involved to be made known to the employer? How will this operate in practice? If an employer has 1,000 staff and there are 20 in a grade, group or category and of this number there are 10 claimants or 1% of the total staff number, should an employer still be subject to the rigours of this Act? The 18 month period should reduce the risk of a revolving door for cases involving the same parties under the legislation. The time frames remain too short. should be e weeks & exempt time on procedural points. Previous casework showed a higher resolution rate at the LRC stage when parties had more time. Reference to internal dispute resolution procedures (if any) normally used by the parties concerned should be amended to make it clear that the term parties relate to the workers concerned and the employer, (not the trade union and the employer)
13 Issues re Victimisation Will provide enhanced protections for union members victimised due to membership or activity. Major concern as allegations of victimisation do not exist to a meaningful extent as significant protections already exist for those who assert victimisation. (S.8 IR Act 2004) - the employer, an employee, or a trade union or an EB of which an employee is a member, shall not victimise an employee or (as the case may be) another employee in the employment concerned on account of membership / non membership OR engaging / not engaging in any activities on behalf of a trade union or an EB) Victimise, means any act (commission or omission) that, on objective grounds, adversely affects the interests or well being of the employee and includes conduct prohibited in a COP. Employee includes person whose duties includes that of managing the business or activity to which the employment relates. Relates to situations where negotiating arrangements are not in place and where CB fails to take place (and where SI have been invoked or steps have been taken to invoke.) New protections against victimisation where workers have invoked the Act of Due to the Wilson ECJ Judgment, the Code of Practice on Victimisation (SI.139 of 2004) is to be amended to prohibit employers from offering inducements (financial or others) to workers to leave union m ship. Opportunity to apply to the Courts for interim relief to the Circuit Court in the case of victimisatory dismissal as a result of invoking, or acting as witness or comparator for the 2001/4 Acts.
14 Key Issues Arising from the enhanced protection from Victimisation? How will such protections work? New protections proposed for workers against victimisation are confined to where such workers have invoked the provisions of the Act of 2001.but Case was advanced for increased penalties for unfair dismissal or implications of access to interim relief by civil courts in employment matters? Need to consider the full implications for normal management practice e.g. in cases of performance management? Employers face prospect of a robust enforcement of S. 9, 10 and 13 IR Act 2004 where employment is continuing?
15 Other Elements Excepted Body (EB) Amendments to the definition of excepted body which allows employees to negotiate with their employer, without the involvement of a trade union, to negotiate T&C s in a situation where they would otherwise be acting illegally for not having a negotiation licence. To provide greater clarity around what types of non-union staff representative organisations qualify to engage in CB negotiations. The Court to satisfy itself that the EB is independent and take account of (a) the manner of election of employees (Note election V selection ) (b) the frequency of elections (c) any financing or resourcing beyond logistical support and (d) the length of time the EB has been in existence and any prior CB conducted. An EB, by its nature is involved in CB and so will not have a right of access under this Act and it will be a matter for a union alone to initiate the processes under the legislation
16 A Look Back - Examples of Previous Cases Some 380 cases initiated before LRC Key LCR s in: Analog Devices Ashford Castle Bell Security Cooley Distillery Clearstream Technologies Dell GE (Amersham) Healthcare Green Isle Foods Meteor Radio Kerry Ryanair Sercom Solutions Swords Packaging United Airlines All Water Systems
17 Some Key Issues looming for those with Direct Engagement Models? Procedures will change Devil in the detail.with practice to follow. History shows big names were pursued.so its not just the small firms! Key LC powers remain - legally binding & enforceable decisions still in prospect. Parties need to consider implications? Are problem solving structures robust? Can they cope with crises? Does the organisation engage in CB as per proposed definition? What benchmarks are used for T&C s? What does total reward look like? Victimisation will open up potential new avenues of agitation & claim How will unions behave? Will organisations wait and see or get ahead of the game?
18 Some Key Issues looming for those with Direct Engagement Models? Why does it matter who cares anyway? Is there a leadership or corporate view? What's the investment made to maintain the model? Are they dealing or negotiating with representatives anyway? Does the Strategy & Practice match? Relevance of culture fit & legacy issues? Is it a case of accidental occurrence or herd mentality or seen as strategically important? Who looks after staff interests? What's the ER culture? Are communications effective? Are employee voice structures up to it? Who is responsible & accountable?
19 ..Next steps Could see some refinement of definitions but not expecting anything radically different. DJEI consideration of outstanding issues. Government has given approval for drafting of a Bill to give effect to the proposals. Expect legislation in 2015 & now part of electoral cycle. All will grapple with implications expect to see some unions offer flexible membership options and PBR? Expect upsurge in claims, and as you will know. failure to prepare is to prepare to fail.
20 Thank you for listening.questions?
This leaflet aims to explain when and how a trade unionist can exercise these rights and what to do if an employer refuses to allow them.
The right to time off work for trade union duties and activities allows union members and officials time off work to acquire the skills they need and to work on behalf of their members. This leaflet aims
More informationThe view of the ILO on the legislative situation of collective bargaining in Hong Kong
The view of the ILO on the legislative situation of collective bargaining in Hong Kong Yoon Youngmo Collective Bargaining Collective bargaining is a right by which workers are able to negotiate on equal
More informationTSSA Rep s Bulletin Ref: EMP/045/SEPT 2004
TSSA Rep s Bulletin Ref: EMP/045/SEPT 2004 NEW STATUTORY GRIEVANCE & DISCIPLINARY PROCEDURES Introduction The new statutory minimum grievance and disciplinary procedures come into effect on 01 October
More informationTenth meeting of European Labour Court Judges Stockholm, September 2, The Role of Collective Bargaining
Tenth meeting of European Labour Court Judges Stockholm, September 2, 2002 The Role of Collective Bargaining Questionnaire General Reporter: Judge Harald Schliemann, Federal Labour Court of Germany Finnish
More informationFaculty and Graduate Students Labour Relations Model Review DISCUSSION GUIDE
Faculty and Graduate Students Labour Relations Model Review DISCUSSION GUIDE 2016 Table of Contents Introduction and invitation to submit feedback... 4 Ways to get involved... 4 FOIP NOTICE... 4 Objective...
More informationMTA EMPLOYMENT RELATIONS FACT SHEET
MTA EMPLOYMENT RELATIONS FACT SHEET FAIR WORK ACT 2009 UNFAIR AND UNLAWFUL DISMISSAL 18 September 2009 Operative: On and from 1 July 2009 A fair go all round The Fair Work Act 2009 Part 3-2 Unfair dismissal
More informationJUNE 2013 EXAMINATION DATE: 5 JUNE 2013 DURATION: 3 HOURS PASS MARK: 40% (BUS-LR1)
LABBUS2 JUNE 2013 EXAMINATION DATE: 5 JUNE 2013 TIME: 09H00 12H00 TOTAL: 100 MARKS DURATION: 3 HOURS PASS MARK: 40% (BUS-LR1) THIS EXAMINATION PAPER CONSISTS OF 4 SECTIONS: SECTION A: CONSISTS OF: (i)
More informationAccessibility for Ontarians with Disabilities Act, Bill 118. Submission to the Standing Committee on Social Policy
Accessibility for Ontarians with Disabilities Act, 2004 Bill 118 Submission to the Standing Committee on Social Policy by the Ontario Federation of Labour January 2005 Section I Accessibility for Ontarians
More informationSubmission on Working Outline of Ireland s National Plan on Business & Human Rights
Submission on Working Outline of Ireland s National Plan on Business & Human Rights January 2016 Kara McGann 1 Submission on Working Outline of Ireland s National Plan on Business and Human Rights January
More informationFACT SHEET Termination Provisions
FACT SHEET Termination Provisions Updated: July 2018 Replaces: July 2017 The Fair Work Act 2009 (the Act ) contains termination of employment provisions for employers subject to the federal workplace relations
More informationTRADE UNION RECOGNITION TEMPLATE
Work Voice Pay: TRADE UNION RECOGNITION TEMPLATE National Organising & Leverage Department July 2016 1 Table of Contents Why is Recognition Important? 5 Template Recognition and Procedural Agreement 6
More informationMinistry of Labour. Employment Standards Act. Self-Help Kit
Ministry of Labour Employment Standards Act Self-Help Kit The Self-Help Kit (the Kit) is designed to help employees and employers solve workplace disputes quickly and fairly. This is the first step in
More informationThe new Labour Relations Act (LRA) 66 of 1995 was adopted by parliament on 13 September 1995.
LABOUR RELATIONS ACT INTRODUCTION The new Labour Relations Act (LRA) 66 of 1995 was adopted by parliament on 13 September 1995. The new LRA gives effect to the stated goals and principles of the reconstruction
More informationDISPUTE RESOLUTION GUIDE TO THE NEW RULES
DISPUTE RESOLUTION GRIEVANCES AND DISCIPLINARIES In this supplement we look at the new rules that the Government is introducing this month (October 2004) on internal grievance and disciplinary procedures.
More informationCollective agreements
XIVth Meeting of European Labour Court Judges 4 September 2006 Cour de cassation Paris SWEDEN Collective agreements Swedish reporters: Judge Carina Gunnarsson, Judge Cathrine Lilja Hansson and Judge Inga
More informationINDEX. The following references appear with their corresponding page numbers throughout the Ontario Labour Relations Act Quick Reference 2017 Edition
INDEX The following references appear with their corresponding page numbers throughout the Ontario Labour Relations Act Quick Reference 2017 Edition A Application. for certification, 8, 28, 41, 75, 95.
More informationProposed Changes to the LRA regarding Labour Broking
Proposed Changes to the LRA regarding Labour Broking What the current LRA says Section 198 of the current LRA provides for the following: 1. A definition of who a labour broker worker is works for a client
More informationGuidance for charities engaging volunteers. A guide for charities
Guidance for charities engaging volunteers A guide for charities September 2017 GUIDANCE FOR CHARITIES ENGAGING VOLUNTEERS TABLE OF CONTENTS 1. COULD VOLUNTEERS ACTUALLY BE EMPLOYEES/WORKERS?... 1 2. ARE
More informationAutonomous labour-employer relations system in Japan
Autonomous labour-employer relations system in Japan Bunzo HIRAI (Chief Analyst for Human Resources Management) Yoko NUMATA (Official for Appointment System) Personnel and Pension Bureau Ministry of Internal
More informationLabor Management Relationship
McGraw-Hill/Irwin Copyright 2013 by The McGraw-Hill Companies, Inc. All Right Reserved The Legal & Regulatory Environment of Business 16e Labor Management Relationship Chapter 22 Reed Pagnattaro Cahoy
More informationThe learner can: 1.1 Explain different features of employment law practice.
Unit 13 Title: The Practice of Employment Law Level: 3 Credit Value: 7 Learning outcomes The learner will: 1 Understand the practical scope of employment law practice Assessment criteria The learner can:
More informationNon-Union Representation In the Workplace
Non-Union Representation In the Workplace This guide provides practical advice and guidance on non-union representation in the workplace. We have provided legal information for guidance only. This information
More informationLEGISLATION TIMETABLE 2014
www.brodies.com LEGISLATION TIMETABLE 2014 TOPIC SUMMARY TIMETABLE January 2014 Cap on bankers bonuses ACAS Code on Disciplinary and Grievance Procedures For certain code / identified staff, financial
More informationIntroduction to Labour Dispute Prevention and Resolution System
Introduction to Labour Dispute Prevention and Resolution System Sylvain Baffi, Programme Officer, Social Protection, Governance and Tripartism Programme, ITC/ILO www.itcilo.org International Training Centre
More informationFREEDOM OF ASSOCIATION AND THE RIGHT TO COLLECTIVE BARGAINING
FREEDOM OF ASSOCIATION AND THE RIGHT TO COLLECTIVE BARGAINING Advocate Core Labour Standards of the ILO Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87) Right to
More informationRepresentation. Madison Teachers Inc.
Faculty representatives help to protect and defend the members rights under the collective bargaining agreement. It is important to avoid judgment on a union member s alleged conduct. It can be a challenge
More informationEMPLOYMENT LEGISLATION IN Summary Timetable of known changes:
EMPLOYMENT LEGISLATION IN 2014 Despite 2014 being the last full year of office of the present coalition government, we can expect no slackening in the pace of employment law reform. The year ahead will
More informationUK Action Plan on Business & Human Rights review. TUC submission
UK Action Plan on Business & Human Rights review TUC submission 1. Error! Reference source not found. 1.1. The Trades Union Congress (TUC) has 56 affiliated unions, representing almost six million members,
More informationANTI-UNION DISCRIMINATION
United Union Employees C S E A COMBATING ANTI-UNION DISCRIMINATION A CSEA PRIMER Local 1000 AFSCME, AFL-CIO Danny Dononue, President Prepared and Copyrighted by CSEA Legal Department January 2013 UUE TABLE
More informationService Managers Understanding Labour Law & its Application TANTO
Service Managers Understanding Labour Law & its Application TANTO This module will give you a high level overview into this very complex Act with the view of understanding and applying it in your workplace.
More informationBaker & McKenzie s Global Labour, Employment, and Employee Benefits Practice Group is pleased to present its 24th issue of The Global Employer TM.
THE GLOBAL EMPLOYER GLOBAL LABOUR, EMPLOYMENT, AND EMPLOYEE BENEFITS BULLETIN Managing Human Capital Resources Across Time Zones And Cultures Introduction Baker & McKenzie s Global Labour, Employment,
More informationCurrent Legal and Liability Issues for Ports and You, the Governing Board Member. Governor Eric Holcomb
Current Legal and Liability Issues for Ports and You, the Governing Board Member Andrea L. Hermer General Counsel Cyndi Carrasco Deputy General Counsel to Governor Eric Holcomb PUBLIC PORT AUTHORITIES
More informationREDUNDANCY PROCEDURES
REDUNDANCY PROCEDURES Redundancy Procedures There have been many changes to employment law and regulations in the last few years. A key area is the freedom or lack of freedom to make an individual redundant.
More informationCOLLECTIVE AGREEMENT. between ERISSA YONG WILSON INC. represented by THE COMMUNITY SOCIAL SERVICES EMPLOYERS ASSOCIATION. and the
COLLECTIVE AGREEMENT between ERISSA YONG WILSON INC. represented by THE COMMUNITY SOCIAL SERVICES EMPLOYERS ASSOCIATION and the B.C. GOVERNMENT AND SERVICE EMPLOYEES UNION April 1, 1995 to March 31, 1997
More informationINDUSTRIAL RELATIONS ACT CODE OF GOOD PRACTICE: RESOLUTION OF DISPUTES AT THE WORKPLACE
INDUSTRIAL RELATIONS ACT CODE OF GOOD PRACTICE: RESOLUTION OF DISPUTES AT THE WORKPLACE 1. INTRODUCTION 1.1. This code is published in terms of Section 109 of the Industrial Relations Act. 1.2. This Code
More informationRegardless of Brexit: There are already key differences between UK and Irish employment law. by Susan Battye, Elizabeth Mara
EMPLOYMENT, PENSIONS AND EMPLOYEE BENEFITS Regardless of Brexit: There are already key differences between UK and Irish employment law by Susan Battye, Elizabeth Mara Regardless of Brexit: There are already
More informationGUIDE TO STATUTORY RECOGNITION: USING THE CAC PROCEDURE
GUIDE TO STATUTORY RECOGNITION: USING THE CAC PROCEDURE Introduction This guide sets out the right under the Employment Relations Act 1999 and Trade Union & Labour Relations (Consolidation Act 1992 to
More informationINFORMATION AND CONSULTATION OBLIGATIONS
INFORMATION AND CONSULTATION OBLIGATIONS 1. INTRODUCTION 1.1 In a situation where there is a transfer of an undertaking, both the transferor and the transferee will have a duty to inform and possibly to
More informationTipping the scales for labour in Ireland? Collective bargaining and the Industrial Relations (Amendment) Act 2015
Tipping the scales for labour in Ireland? Collective bargaining and the Industrial Relations (Amendment) Act 2015 Caroline Murphy and Tom Turner Department of Work and Employment Studies Kemmy Business
More informationSummary. The remit and work of the Inquiry. The remit of the Inquiry
Summary The remit and work of the Inquiry The remit of the Inquiry Directive 2014/67/EU of the European Parliament and of the Council on the enforcement of Directive 96/71/EC concerning the posting of
More informationTenth Meeting of European Labour Court Judges Stockholm, September 2, The Role of Collective Bargaining
Tenth Meeting of European Labour Court Judges Stockholm, September 2, 2002 The Role of Collective Bargaining Questionnaire General Reporter: Judge Harald Schliemann, Federal Labour Court of Germany UNITED
More informationHuman Rights Policy. 1. Introduction. Rabobank Group
Human Rights Policy Rabobank Group 1. Introduction... P 1 1.1 Sustainability and human rights... P 1 1.2 Objectives of this policy... P 1 2. Scope of application and basis of the Human Rights Policy...
More informationEQUAL OPPORTUNITIES & DIVERSITY POLICY STATEMENT
EQUAL OPPORTUNITIES & DIVERSITY POLICY STATEMENT Policy statement The Company is committed to promoting equality of opportunity for all staff and job applicants. We aim to create a working environment
More informationSafety representatives and safety committees
Safety representatives and safety committees The Regulations, Codes of Practice and guidance relating to the Safety Representatives and Safety Committees Regulations, 1977. This booklet also lists all
More informationSafety representatives and safety committees
Safety representatives and safety committees The Regulations, Codes of Practice and guidance relating to the Safety Representatives and Safety Committees Regulations, 1977. This booklet also lists all
More informationGrievance Procedure Introduction and Principles
Grievance Procedure Introduction and Principles 1.1 This procedure is to help and encourage all employees to have the opportunity to proactively resolve an action, practice, or behaviour by another employee,
More informationPublic Service Stability Agreement THE LANSDOWNE ROAD AGREEMENT
Public Service Stability Agreement 2013-2018 THE LANSDOWNE ROAD AGREEMENT 1 29/05/2015 The attached represents the outcome of discussions facilitated by the Labour Relations Commission. The proposed agreement
More informationDEPARTMENT OF TRANSPORT
DEALING WITH SECTION 197 IN BUS CONTRACTING ENVIRONMENT DEPARTMENT OF TRANSPORT 23 February 2012 1 Content Background to competitive tendering Labour issues in Bus Contracts Effect of Tender System on
More informationPROPOSED AMENDMENTS TO A-ENGROSSED SENATE BILL 828
SB -A (LC ) /1/ (LAS/ps) Requested by Senator COURTNEY PROPOSED AMENDMENTS TO A-ENGROSSED SENATE BILL 1 1 1 0 1 On page 1 of the printed A-engrossed bill, line, after A. delete the rest of the line and
More informationGLOBALG.A.P. Risk-Assessment on Social Practice (GRASP)
GLOBALG.A.P. Risk-Assessment on Social Practice (GRASP) GRASP Module Interpretation for Slovakia V 1.3 Valid from: 01.07.2015 Mandatory from: 01.10.2015 English Version Developed by Czech Society for Quality
More informationIndustrial Relations Conflicts Business Leaving Cert Quick Notes
Industrial Relations Conflicts Business Leaving Cert Quick Notes Industrial Relations Conflicts Importance of good Employer-Employee Relationships 1. Employee morale is increased-willing to do better for
More informationFUNDAMENTAL LABOUR RIGHTS POLICY 1. OBJECTIVE SCOPE POLICY STATEMENT FREEDOM OF ASSOCIATION AND COLLECTIVE BARGAINING...
FUNDAMENTAL LABOUR RIGHTS POLICY POLICY CUSTODIAN: Corporate Sustainability Department / Corporate Human Resources Department / Corporate Legal Department AUTHORISED BY: AngloGold Ashanti Executive Committee
More informationFRANCE: OVERVIEW OF MACRON REFORM LAW
Philippe Danesi, Partner, France FRANCE: OVERVIEW OF MACRON REFORM LAW 0 Speaker Philippe Danesi Location Head Employment Partner, France 1 Helicopter overview of the Macron Labour Reform Bill 1. When
More informationFairness and transparency are fundamental bases for our business and our guiding principle for dealing with employees and clients.
Fairness and transparency are fundamental bases for our business and our guiding principle for dealing with employees and clients. 1 PREAMBLE The member companies of the Federal Employers' Association
More informationStatutory Disciplinary and Grievance Procedures What s All the Fuss About?
October 2004 Statutory Disciplinary and Grievance Procedures What s All the Fuss About? The Employment Act 2002 ( EA ) established a framework for promoting the resolution of employment disputes in the
More informationThe collective bargaining framework. Measures to encourage and promote the full development of collective bargaining
The collective bargaining framework Measures to encourage and promote the full development of collective bargaining Setting a collective bargaining framework: Key questions Who has the right to collective
More informationHealth and Care Professions Council 04 July Proposed Approach to a revised threshold policy for the acceptance of Fitness to Practise concerns
Agenda Item 10 Enclosure 7 Health and Care Professions Council 04 July 2018 Proposed Approach to a revised threshold policy for the acceptance of Fitness to Practise concerns For discussion From John Barwick,
More informationREPORT UNDER THE OMBUDSMAN ACT CASE RED RIVER PLANNING DISTRICT REPORT ISSUED ON MARCH 22, 2016
REPORT UNDER THE OMBUDSMAN ACT CASE 2015-0040 RED RIVER PLANNING DISTRICT REPORT ISSUED ON MARCH 22, 2016 CASE SUMMARY On January 19, 2015, our office received a complaint from a property owner in the
More informationEQUAL PAY QUESTIONNAIRE RESPONSE OF THOMPSONS SOLICITORS
EQUAL PAY QUESTIONNAIRE RESPONSE OF THOMPSONS SOLICITORS CONGRESS HOUSE GREAT RUSSELL STREET LONDON WC1B 3LW Telephone: 020 7290 0000 Fax: 020 7637 0000 Thompsons is the UK s largest trade union, employment
More informationCollective Labour Dispute Resolution Act
Issuer: Riigikogu Type: act In force from: 01.01.2015 In force until: 04.07.2015 Translation published: 11.11.2014 Amended by the following acts Passed 05.05.1993 RT I 1993, 26, 442 Entry into force 07.06.1993
More informationSamuel J. Goolsarran Consultant Adviser CAGI
Industrial Relations and the Law CAGI Training Course 23-24 November 2010 Samuel J. Goolsarran Consultant Adviser CAGI Email: sjgoolsarran@gmail.com 1 The Trade Union Act Chapter 98:03 Provides for the
More informationTaking up the baton from the Taylor Review? Select Committees publish joint report and draft bill outlining a new framework for modern employment
Taking up the baton from the Taylor Review? Select Committees publish joint report and draft bill outlining a new framework for modern employment On 20 November 2017, the House of Commons Work and Pensions
More informationPSA DRAFT ENTERPRISE AGREEMENT (SALARIED) - OVERVIEW
PSA DRAFT ENTERPRISE AGREEMENT (SALARIED) - OVERVIEW April 2017 Authorised by Nev Kitchin General Secretary, Public Service Association of SA 122 Pirie Street, Adelaide SA 5000 Introduction The PSA has
More informationEMPLOYMENT ACT 2002: STATUTORY DISPUTE RESOLUTION
EMPLOYMENT ACT 2002: STATUTORY DISPUTE RESOLUTION This article first appeared in Employment Law & Litigation volume 7 issue 4 2003 The Employment Act 2002 (EA 2002) introduces a new compulsory system for
More informationTHE NEW MODEL OF LABOUR DISPUTE RESOLUTION FOR UKRAINE
RESOLUTION OF LABOUR DISPUTES UKRAINE THE NEW MODEL OF LABOUR DISPUTE RESOLUTION FOR UKRAINE (DEVELOPED BY THE EXPERT GROUP) KYIV - 2013 TABLE OF CONTENTS INTRODUCTION DEFINITION OF TERMS PRINCIPLES OF
More informationEXPLANATION: SECTION 198 AMENDMENTS
EXPLANATION: SECTION 198 AMENDMENTS Clause 37 Clause 37 of the Bill seeks to amend section 198 of the Act in order to effectively address certain problems and abusive practices associated with temporary
More informationCollective bargaining and the International Labour Standards. Normative framework for collective bargaining and the role of the ILO
Collective bargaining and the International Labour Standards Normative framework for collective bargaining and the role of the ILO ILO Declarations: Principles, policies and aspiration Declaration of Philadelphia
More informationCommentary on the Labour Relations Code Amendment Act, 2002 ( Bill 42 )
Commentary on the Labour Relations Code Amendment Act, 2002 ( Bill 42 ) INTRODUCTION In March 2002 the provincial government released a discussion paper setting out various proposed changes to the Labour
More informationStriking the right balance: proposals for a Welsh Language Bill
Striking the right balance: proposals for a Welsh Language Bill Consultation response form Your name: Lyn Williams Organisation (if applicable): Natural Resources Wales e-mail/telephone number:lyn.williams@cyfoethnaturiolcymru.gov.uk
More informationConsulting workers on health and safety
Consulting workers on health and safety Safety Representatives and Safety Committees Regulations 1977 (as amended) and Health and Safety (Consultation with Employees) Regulations 1996 (as amended) Approved
More informationMaking an unlawful termination claim: for state system employees. Information Kit. Advice Line or
Making an unlawful termination claim: for state system employees Information Kit Advice Line 1300 130 956 or 9227 0111 Making an unlawful termination claim: for state system employees Disclaimer... 3 How
More informationNDP.001 Version 1.0 when instructing or using other suppliers Prepared by: Stuart Hanson Approved by: Andrew Buckingham Page 1 of 17
Code NDP.001 Title when instructing or using Status Active Prepared by Stuart Hanson Approved by Andrew Buckingham Date Approved 09.11.17 Revision Number Version 1.0 Date last amended 09.11.17 Date of
More informationTerritorial scope of state obligations to protect and ensure remedy
Joint Comments and Suggestions on the Draft Recommendation of the Committee of Ministers to member States on human rights and business of 22 August 2014 Amnesty International, the European Coalition for
More informationCODE OF ETHICS & DISCIPLINARY PROCEDURES INSTITUTE OF HUMAN RESOURCE MANAGEMENT PRACTITIONERS, GHANA
CODE OF ETHICS & DISCIPLINARY PROCEDURES INSTITUTE OF HUMAN RESOURCE MANAGEMENT PRACTITIONERS, GHANA Objectives To ensure that human resource management practitioners promote and maintain the highest professional
More informationTenth Meeting of European Labour Court Judges Stockholm, September 2, The Role of Collective Bargaining. Questionnaire
Tenth Meeting of European Labour Court Judges Stockholm, September 2, 2002 The Role of Collective Bargaining Questionnaire General Reporter: Judge Harald Schliemann, Federal Labour Court of Germany SWEDEN
More informationCOVERAGE LABOR LAW AND SOCIAL LEGISLATION 2014 BAR EXAMINATIONS. I. Fundamental Principles and Policies
COVERAGE LABOR LAW AND SOCIAL LEGISLATION 2014 BAR EXAMINATIONS I. Fundamental Principles and Policies A. Constitutional provisions 1. Article II, Secs. 9, 10, 11, 13, 14, 18, 20. 2. Article III, Secs.
More informationCOMMISSION STAFF WORKING PAPER
EN EN EN EUROPEAN COMMISSION Brussels, 22 January 2010 COMMISSION STAFF WORKING PAPER INTERPRETATIVE NOTE ON DIRECTIVE 2009/72/EC CONCERNING COMMON RULES FOR THE INTERNAL MARKET IN ELECTRICITY AND DIRECTIVE
More informationCustomer Action Plan
Customer Action Plan 2017-2020 Competition and Consumer Protection Commission PO Box 12585, Dublin 1 Contents Introduction to the CCPC... 3 Our to the Principles of Quality Customer Service... 5 Monitoring
More informationWORKER RIGHTS CONSORTIUM ASSESSMENT re UNIQUE GARMENTS, SWAZILAND FINDINGS AND RECOMMENDATIONS NOVEMBER 9, 2004
WORKER RIGHTS CONSORTIUM ASSESSMENT re UNIQUE GARMENTS, SWAZILAND FINDINGS AND RECOMMENDATIONS NOVEMBER 9, 2004 5 Thomas Circle NW Fifth Floor Washington, DC 20005 (202) 387-4884 Fax: (202) 387-3292 wrc@workersrights.org
More informationYOUR RIGHTS UNDER THE FAIR WORK ACT FSU FACT SHEETS
YOUR RIGHTS UNDER THE FAIR WORK ACT FSU FACT SHEETS FOREWORD FAIR WORK ACT 2009 FACT SHEET 1: THE FAIR WORK ACT: AN OVERVIEW FACT SHEET 2: TYPES OF INDUSTRIAL INSTRUMENTS FACT SHEET 3: THE SAFETY NET:
More informationAgreeing and changing contracts of employment
Agreeing and changing contracts of employment October 2015 This guide provides practical advice and guidance on agreeing and changing contracts of employment. We have provided legal information for guidance
More informationEquality and Diversity Policy
Equality and Diversity Policy ADOPTED BY TRUSTEES: 14 TH JULY, 2016 Page 1 of 8 Contents 1. Introduction... 3 2. Scope and purpose... 3 3. Roles and responsibilities... 4 4. Forms of discrimination...
More informationDisclosure of information to trade unions for collective bargaining purposes
HEAD OFFICE 2-8 Gordon Street BELFAST BT1 2LG Tel: 028 9032 1442 Fax: 028 9033 0827 TDD: 028 9023 8411 e-mail: info@ira.org.uk website: www.lra.org.uk REGIONAL OFFICE 1-3 Guildhall Street LONDONDERRY BT48
More informationTUPE Reforms: the next steps
TUPE Reforms: the next steps Earlier this year the Government published a consultation seeking views on proposed reforms to the Transfer of Undertakings (Protection of Employment) Regulations (TUPE). The
More informationIf you are not happy with the outcome you can take your case to an Industrial Tribunal or the Fair Employment Tribunal.
Frequently Asked Questions I have a grievance at work? If you are unable to sort the problem out informally then Lodge a written grievance with your Employer. Meet with your Employer to discuss your grievance.
More informationLabour Relations Bill, 2015 Summary Notes June 2015
Labour Relations Bill, 2015 Summary Notes June 2015 The Labour Relations Bill, 2015 ( the Bill ) has been released for public consultation; the public is invited to provide feedback on the Bill by August
More informationThe Shield or the Sword? The Saskatchewan Labour Legislation Review
June 2012 The Shield or the Sword? The Saskatchewan Labour Legislation Review By Dan Cameron Every Saskatchewan worker is in danger of losing basic workplace rights and protections, yet most will have
More informationEmployment (Pay Equity and Equal Pay) Bill
Employment (Pay Equity and Equal Pay) Bill Submission to the Ministry of Business, Innovation and Employment Date: 16 May 2017 Contact JOCK LAWRIE, EMPLOYMENT LAWYER DDI 03 474 6491 OR 0800 283 848 E-MAIL
More informationArticle 33. Grievance Procedure. and equitable processing of grievances. The negotiated grievance procedure shall be the
Article 33 Grievance Procedure A. The purpose of this Article is to provide a fair and simple means for the prompt and equitable processing of grievances. The negotiated grievance procedure shall be the
More informationBEFORE: Joshua M. Javits, ARBITRATOR. APPEARANCES: For the Agency: Loretta Burke. For the Union: Jeffrey Roberts
) In the Matter of the Arbitration ) Grievance: National Grievance ) (Arbitrability) Between ) ) FMCS No. 13-51599 FEDERAL BUREAU OF PRISONS ) ) Agency ) ) And ) ) AMERICAN FEDERATION OF ) GOVERNMENT EMPOYEES,
More informationFAIR WORK ACT REVIEW 2012
FAIR WORK ACT REVIEW 2012 EXECUTIVE SUMMARY OF CONCLUSIONS AND RECOMMENDATIONS BY THE AUSTRALIAN CHAMBER OF COMMERCE AND INDUSTRY ACCI s submission to the Fair Work Act review is extensive. It includes
More informationEquality and Diversity Policy
Equality and Diversity Policy Author/owner: Principals/Directors Date adopted: Summer 2016 Anticipated review: Summer 2019 Contents 1. Introduction... 3 2. Scope and purpose... 3 3. Roles and responsibilities...
More informationEQUALITY & DIVERSITY POLICY Non Statutory
EQUALITY & DIVERSITY POLICY Non Statutory This applies to all schools and employees within the Lighthouse Trust Partnership. Document History Version Author/Owner Drafted Comments 1.0 Tara Phillis 04.06.17
More informationINFORMATION BULLETIN #8 CERTIFICATION I. INTRODUCTION AN OVERVIEW
INFORMATION BULLETIN #8 CERTIFICATION This bulletin reflects amendments to the Board s certification process resulting from the Fair and Family-friendly Workplaces Act. The Board will review this bulletin
More informationGlossary of Labour Terms
Glossary of Labour Terms ACCOMODATION: the process and implementation of changes to a job which enable a person with a disability to perform the job productively and/or to the environment in which the
More informationHow should Employment Tribunals operate in the future? A consultation. December 2014
How should Employment Tribunals operate in the future? A consultation December 2014 1 The Law Society's Employment Law Committee has embarked on a project to look at the future of Employment Tribunals.
More informationWhistle Blowing (Draft)
Whistle Blowing (Draft) Document Detail Type of Document (Stat Policy/Policy/Procedure) Policy Category of Document (Trust HR-Fin-FM-Gen/Academy) HR Index reference number Approved 30/03/17 Approved by
More informationRegulating Third Party Campaigning in the UK
Briefing Regulating Third Party Campaigning in the UK This briefing note summarises how the UK Parliament has chosen to regulate campaigning at elections by non-party campaigners or third parties people
More informationEMPLOYEE OPERATIONAL REQUIREMENTS DISMISSALS & RESTRUCTURING
EMPLOYEE OPERATIONAL REQUIREMENTS DISMISSALS & RESTRUCTURING What will be covered: 1. Defining and operational requirements dismissal 2. UKZN s employment contractual obligations 3. UKZN s Retrenchment
More informationSENATE AMENDMENTS TO SENATE BILL 828
th OREGON LEGISLATIVE ASSEMBLY-- Regular Session SENATE AMENDMENTS TO SENATE BILL By COMMITTEE ON WORKFORCE April 1 1 1 0 1 On page 1 of the printed bill, line, delete and amending ORS A. and insert amending
More information