Chap 2. Conflicting interests

• Non Legislative approach to resolving conflict


  Without using a law, talk and negotiate
• Non Legislative approach to resolving conflict


  • Quickly
  • Cheaper
  • Better atmosphere
• Steps to Resolve conflicts in a non legislative way


  1. Contact retailer

  2. Open lines of communication

  3. Meet and talk

  4. Clarify misunderstanding

  5. Negotiations, discussion, bargaining
• Third parties


  Independent person who helps both parties
• Office of the ombudsman for public services


  Specialise in dealing with consumer complaints against store-owned organisations, independent of the government
• Financial Services Ombudsman


  Resolving complaints against banks and other financial institutions, the decision is binding on the institution involved
• Consumer Association of Ireland (CAI)


  A non-commercial organisation set up to protect and promote the interests of consumers, there is an annual membership fee to join
• Consumer choice


  Magazine received by CAI members
• Resolving conflict

  Small claims procedure: provided by the District Court. It is an inexpensive, fast and easy way to resolve disputes without the need a solicitor. The consumer fills in an application outlining dispute and pay a small fee of €25. The consumer can't sue for over €2000.
• Sales of Goods and Supply of Services Act 1980


  • Goods
  • Services
  • Retailers
  • Guarantees • unsolicited goods (inertia selling)
• Supply act: Goods

  1. Merchantable quality - reasonable quality.
  2. Fit for purpose - job intended.
  3. As described - portrayed as sample .
  4. Conform to sample - identical to sample.
  5. Ownership and quiet possession - right to sell items.
• Supply act: services

  1. Qualifications - proper qualifications.
  2. Materials -sound and fit for the purpose intended.
  3. Diligence and care - maximum standard.
• Supply act: retailers

  1. Signs - no impression on no legal rights.
  2. Legally responsible - retailer responsible for solving complaints.
• Supply act: guarantees 


  Give a consumer extra protection. Formal assurance from a manufacturer to retailer that a product can be replace or repaired. They don't take away consumers rights. Its extra protection.
• Breach of condition: essential element of the contract has been broken. Most severe breach. Eg fail to deliver a cake, the consumer can reject the contract.
• Breach of warranty: involves one party breaking a relatively minor aspect of the agreement. Eg cake deliver wrong but on time, reduced price because of error and contract is invalid.
• Supply act: unsolicited goods (inertia sellings)


  Sending of goods to people who have not ordered them and seek payment later. The goods are free of charge once given written notice within 30 days of goods not required.
• Consumer protection act 2007

  1. Prohibits false product description.
  2. Prohibits false prices.
  3. Prohibits false or misleading advertising.
  4. Prohibits businesses from engaging in aggressive practices.
  5. Persistently cold calling, having been asked to leave or stop.
• Competition and consumer protection commission (CCPC)

  1. Information - info on rights.
  2. Enforcement - tackles practices that mislead or harm consumers.
  3. Advisers government - how laws affect markets.
  4. assesses merge and takeovers.
  5. Publishes consumer protection list - list of traders convicted.
  6. Investigates and challenges - practices that damage economy and consumer.
• CCPC: enforcement

  1. Compliance notice - written notice to remedy breach.
  2. Investigate offences - can enter premises with garda.
  3. Fixed payment notices - spot fines
  4. Prohibition order - stop trader in prohibited act
• Industrial relations: the way in which employers cooperate, communicate and consult with employees on a day-to-day basis to ensure a productive workplace.
• Trade union: organisation that reprepresent the views and interests of employees. Theres an annual prescription to join.
• Closed shop


  A firm where employees must join a trade union.
• Irish Congress of trade unions (ICTU) 


  coordinates the activities of different trade unions and represent them when negotiating. It represents 500,000 people in Ireland and brings together 55 trade unions.
• Reasons to join trade union


  • power - voice

  •security

  • economic wellbeing - raise standard of living.
• Pay claims

  1. Relativity claim - linked pay but different jobs.
  2. Comparability claim - ask for pay rise, doing similar jobs.
  3. Cost of living claim - ask for pay rise, can't afford things because of inflation.
  4. Productivity claim - pay rise to compensate for harder work or change.
• Local pay bargaining

  1. Individual bargaining - employer negotiates Individually.
  2. Collective bargaining - negotiates with a group.
• National pay bargaining: national agreements covering pay and other issues are sometimes negotiated.
• Benefits of national agreements

  • number if strikes reduce

  • comparability claims

  • plan

  • growth in the economy
• Industrial disputes

  1. Pay and conditions of employment - wages, holidays.
  2. Dismissal of employee - disagree with employee being sacked.
  3. Refusal to recognise the trade union
  4. Discrimination
  5. Redundancy
  6. Demarcation - undertake task not previously agreed.
• Non legislative to resolve conflict between employees and employers

  1. Negotiation - bargaining, first step to resolve, both parties discuss, find common ground.
  2. Conciliation - neutral independent outsider, talk separately then jointly.
  3. Arbitration - neutral independent outsider, listens to both side and concludes, binding.
• Industrial action (legal)

  1. Official strike - don't enter work and don't do job, secret ballot and notice.
  2. Work to rule - exact jobs, no flexibility.
  3. Token stoppage - brief stop of work.
  4. Overtime ban - refuse extra time, paid or unpaid.
• Industrial action (illegal)

  1. Unofficial strike - no secret vote or notice.
  2. Wildcat strike - walk off job.
  3. Sympathetic strike - workers not involved strike to show support.
• Legislative approach to resolving conflict between employers and employees

  1. Industrial relations Act 1990.
  2. Unfair Dismissal Act 1977 to 2007.
  3. Employment Equality Act 1998.
• Industrial relations Act 1990

  1. Trade dispute - conflict connected to work or conditions.
  2. Secret ballots - need for strike, 1 week notice.
  3. Official, unofficial disputes and injunctions
  4. Picketing - primary, peaceful, secondary, frustrated.
  5. Immunity - can't sue trade union or members.
• Legitimate trade dispute

  • Pay and conditions of employment
  • Physical conditions
  • Employee dismissal
  • Range of duties required
  • Trade union recognition
• Workplace relations commission (WRC)

  1. Industrial relations information service - info. And code of practice.
  2. Disputes and strike resolution service - conciliation, arbitration
  3. Adjudication
  4. Provides advisory service - advise to behave, proactive approach.
  5. Mediation service.
  6. Investigates compliance with employment law.
• Labour court is the court of final appeal for industrial disputes. It is independent. It investigates WRC reports that cannot be solved, WRC unwilling to investigate and both parties agree to investigation by the court.
• Functions to labour court

  1. Investigate disputes
  2. Hears appeals - adjudication officer under act.
  3. Interprets code of practice - opinion to correct explanation.
  4. Collective agreements - register agreement that's binding.
  5. Joint labour committee - joint labour committee, agree terms in sector.
• Evaluate labour court

  • Effective
  • Helps resolve disputes
  • Fair and impartial
  • Free service offered by state