Industrial action and disputes in Ireland

Industrial action is any action taken by a trade union, workers, or by an employer in the course of a dispute. The term is sometimes used to mean ‘strike’, but in fact it encompasses a significant number of other forms of action, including a ‘go-slow’, overtime ban, ‘work to rule’, and so forth.

In Section 8 of the Industrial Relations Act, 1990, a strike is defined as:

a cessation of work by any number or body of workers acting in combination or a concerted refusal or a refusal under a common understanding of any number of workers to continue to work for their employer done as a means of compelling their employer, or to aid other workers in compelling their employer, to accept or not to accept terms or conditions of or affecting employment.

Industrial action is defined as:

any action which affects, or is likely to affect, the terms or conditions, whether express or implied, of a contract and which is taken by any number or body of workers acting in combination or under a common understanding as a means of compelling their employer, or to aid other workers in compelling their employer, to accept or not to accept terms or conditions of or affecting employment.

There is no explicit ‘right to strike’ in Ireland; rather, workers are immune from penalisation if the industrial action they engage in is lawful, in accordance with the Industrial Relations Acts.

A strike must meet the following criteria for it to be included in Central Statistics Office (CSO) industrial dispute statistics: (1) it must involve a stoppage of work lasting for at least one day; and (2) the total time lost must be 10 or more person-days.

In the last decade, official strike action has been most frequent in the public transport sector, with high-profile disputes at tram company Luas and Bus Éireann, and among secondary teachers. Overall, however, strike action in Ireland remains at a relatively low level.

Unofficial action is some other form of industrial action that either is not formally sanctioned by a union or is not approved by the union (also known as a ‘wildcat’ strike). This type of strike is highly unusual in Ireland. Unofficial action has occurred in the public transport sector, at Dublin Bus and Irish Rail, over the last ten years.

Occurrences of workplace ‘sit-ins’ were more common during and just after the financial crisis and ensuing recession. These usually occur where working has already stopped (for instance, when a business has ceased trading) but where workers involved have not received redundancy pay or due wages. High-profile examples in Ireland of companies whose employees have participated in sit-ins include Vita Cortex, Lagan Brick and Paris Bakery.

Developments in industrial action, 2018–2021

Note: n.a., not available.

Source: CSO, Industrial disputes statistics

Collective dispute resolution mechanisms

The Workplace Relations Commission was established on 1 October 2015 under the Workplace Relations Act 2015. It has taken over the functions of the National Employment Rights Authority, the Labour Relations Commission and the Equality Tribunal. It has also taken over some of the functions of the Employment Appeals Tribunal. However, the appeal functions of the Employment Appeals Tribunal have been transferred to the Labour Court, which is now the single appeal body for all workplace relations appeals.

Conciliation Service: The Conciliation Service helps employers and their employees to resolve disputes when they have failed to reach agreement during their own negotiations. An industrial relations officer of the Workplace Relations Commission acts as chairperson during meetings to negotiate an agreement. The majority of the cases referred to the Conciliation Service are settled. If no agreement is reached, if the parties wish, the dispute may be referred to the Labour Court.

Labour Court: The Labour Court investigates collective trade disputes under the 1946–2015 Industrial Relations Acts. It can also investigate – at the request of the Minister for Enterprise, Trade and Employment – trade disputes affecting the public, or conduct an enquiry into a trade dispute of particular importance and report on its findings.

Individual dispute resolution mechanisms

Mediation: Mediation is a voluntary process in which both sides must agree to participate and to work towards resolving the problem. It ensures that all the sides are heard and that the participants are involved in finding an agreed solution. The Workplace Relations Commission has increased its mediation service capacity over the last five years and continues to promote it as an avenue for dispute resolution.

Adjudication Service: The Adjudication Service (formerly the Rights Commissioner Service) investigates disputes, grievances and claims that individuals or small groups of workers make under the employment legislation listed in Schedule 5 of the Workplace Relations Act 2015. Adjudicators are independent in the performance of their duties and have a wide range of functions under this employment legislation.

Under the Workplace Relations Act 2015, the Labour Court is the single appeal body for all workplace relations appeals, including those previously heard by the Employment Appeals Tribunal. A party may appeal the decision of the adjudicator through the Labour Court.

Use of alternative dispute resolution mechanisms

Since the 1990s, a growing number of firms in Ireland have begun to adopt alternative dispute resolution (ADR) practices to resolve both individual and collective forms of workplace conflict. However, the most recent survey data on the extent of ADR are from 2019. The overall prevalence and workforce penetration of individual and group ADR practices in 2019 are outlined in the following two tables. Individual forms of ADR, other than the use of external experts acting as mediators, as facilitators or in other related capacities, remained uncommon. However, the prevalence and penetration of various forms of group ADR were significantly higher than in previous years. Large proportions of firms reported having adopted, or resorted to, one or more forms of group ADR, including assisted negotiations, brainstorming or related problem-solving techniques and interest-based bargaining. These forms of ADR were found to have covered significant sections of the workforce.

Practices for handling individual grievances in firms in Ireland, 2019

ADR practices for handling group disputes in firms in Ireland, 2008

Source: Based on a representative sample of 505 firms in the private and commercial state-owned sectors in Ireland, employing 20 or more employees, in 2008. For details of the survey, see Hann et al (2009)