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workplace relations act 2015 - Coggle Diagram
workplace relations act 2015
workplace relations commission (W.R.C.)
the W.R.C. deals with all workplace disputes, complaints and employment issues. it:
promotes good industrial relations
encourages compliance with law and deals with
provides information and advice on employment rights and obligations
Helps to solve industrial disputes
Labour Court
The labour court investigates industrial disputes and issues recommendations for their settlement. it:
establishes joint labour committees(J.L.C.s) and agrees Employment Regulation Orders (E.R.O.s) and registered Employment Agreements(R.E.A.s)
acts as a court of appeal for the W.R.C. The labour court only investigates a dispute if the W.R.C. reports that nothing can be done to solve it, if the W.R.C. is unwilling to investigate of if the labour court and the W.R.C. agree that the exceptional circumstances warant its intervention
interprets codes of practice
investigates, at the request of government, trade disputes affecting the public interest, or conducts an enquiry into trade disputes of special importance and reports on its findings
if both sides to a dispute request the intervention of the labour court and agree to be bound by its recommendations, the labour court recommendation will be legally binding
the W.R.C. provides the following services
3.mediation
W.R.C. mediation aims to resolve complaints or disputes between parties at an early stage without adjudication (an investigation, hearing or formal decision). A mediation officer empowers the parties to negotiate their own agreement on a clear and informed basis. The process is voluntary and may be terminated at any stage
The mediation officer will record any terms of the agreement in writing. Each of the parties signs the written record
Where mediation is unsuccessful, the mediation officer notifies the director general of the W.R.C. and each of the parties in writing and the dispute is referred for adjudication
2.conciliation
An impartial third party from the WRC helps parties come to an agreement on their industrial relations disputes. An industrial relations officer (I.R.O. or consolation officer) chairs an informal conciliation conference. Parties may represent themselves or be represented by a trade union
1.advisory
The W.R.C. advisory service promotes good practice in the workplace by assisting and advising businesses on effective industrial relations practices and procedures e.g. in areas such as grievance, discipline, communications and consultation
4.adjudication
The adjudication officer holds a hearing were both parties may present any evidence relevant to the complaint. Parties may be represented at hearing, for example by a trade Union official or a practicing barrister or solicitor. The adjudication officer then gives a written decision, which may:
require to comply with the law
require the employer to compensate the employee
declare whether the complaint was or was not 'well founded'(justified by the law)
be appealed to the labour court by either party
5.compliance/inspection
Inspector's visit places of employment on behalf of the W.R.C. to ensure compliance with employment-related legislation. Possible investigations include examining records and documents and conducting interviews with current and former employees and employers. Where breaches of legislation are found, an inspector may issue a compliance notice or a fixed payment notice to an employer.
if an employer does not comply with a decision of a W.R.C. adjudication officer (or with a binding decision made on appeal to the labour court) within the prescribed time, the district court may issue a court order directing the employer to carry out the decision.