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General Policy

The Commission encourages employers and trade unions to take a positive and constructive approach to industrial relations. It supports the introduction and use of consultation and negotiation procedures to resolve disputes which may arise in individual employments.

The parties to an industrial dispute should only resort to the Commission's services when local procedures have been exhausted and when every effort has been made to resolve the issue in dispute within the undertaking concerned.

While the relevant procedures are being followed, including those of the Commission, the parties should refrain from any form of industrial action.

In addition to promoting good industrial relations practice for the maintenance of industrial peace, the Commission provides an industrial relations advisory, development and research service to assist employers and trade unions to identify underlying problems and to investigate and secure appropriate solutions to them.

The Commission recommends employers and trade unions to introduce and apply provisions of the Code of Practice on Dispute Procedures, especially in undertakings providing essential services.

It is not the policy of the Commission to intervene in disputes involving unofficial action until normal working has been resumed.

REFERRING INDUSTRIAL DISPUTES UNDER THE INDUSTRIAL RELATIONS ACT, 1990

The Labour Relations Commission refers cases to the Labour Court on the basis that "no further efforts on (The Commission's) part will produce a settlement". It has been agreed that, following the issue of a Recommendation by the Labour Court, the procedures outlined below will apply.

1. Where one or both parties reject Recommendation: if either party seeks further assistance from the Commission they will be advised to take the matter up with the Court, who will assess the situation and may decide either to:

a) meet the parties again in an effort to resolve the impasse

or

b) refer the matter back to the Industrial Relations Officer following discussion with the Labour Relations Commission.

2. In some cases the Labour Court writes into its Recommendation that there should be further local negotiations with or without the assistance of an Industrial Relations Officer. In these cases there is no need to refer to the Court if the parties wish to avail of the assistance of the Industrial Relations Officer.


3. Where the Labour Court intends to specify a time span in a recommendation which involves an Industrial Relations Officer, the Court will check with the Chief Executive or the Director of Conciliation of the Labour Relations Commission as to the availability of the Industrial Relations Officer before issuing the recommendation.


4. It should also be noted that any Proposals (not Recommendations) issued by Industrial Relations Officers of the Commission are put only on the basis of their being recommended for acceptance by both parties and having "no status and being withdrawn" if rejected by either side.






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