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Unit1
people, contract, consumer & IR
| Term | Definition |
|---|---|
| Business | Any organisation set up to provide goods and services to its customers |
| Commercial business | Those businesses that have profit as their primary motive |
| Private sector business | Owned and controlled by private individuals who invest capital and hope to receive a share of annual profits |
| State-owned business | Owned by state e.g ESB |
| Non-commercial | A business who wants to provide service to society not currently being supplied by government e.g. Dublin Simon |
| Stakeholders | People involved in or affected by a business's activities |
| Entrepreneurs | Individuals who think up new ideas, use thie initiative to turn them into reality, and take both personal and financial risks of running a business |
| Investors | Invest money into a business |
| Suppliers | Providers of raw materials or other essential support services to business |
| Employees | Workers who bring range of skills and expertise to a business |
| Government | The state who invests heavily in infrastructure in order to create a positive economic environment |
| Competitive relationship | Tends to pit one stakeholder against another. In this situation each tries to improve their own position at the expense of others. Win/lose situation |
| Co-operative relationship | Both parties working towards shared goals for their mutual benefit. Win-win situation. Builds strong positive relationships |
| Interest groups | Pressure groups which promote interests of their members through lobbying, campaigning and protests. E.g. IBEC, ISME, ICTU, Greenpeace |
| Legislative solution | Involves applying the provisions of a relevant law or agency set up by law to resolve an issue |
| Non-legislative | This negotiation may only involve the conflicting parties, or may be facilitated by an independent 3rd party |
| Mediator | An agreed independent 3rd party intervenes when both sides are at an impass and suggests proposal to move things on. The mediator hopes either or both of the parties will give some leeway in order to resolve the conflict |
| Arbitrator | independent 3rd party listens to both sides and makes a decision. The parties can agree beforehand to abide by the decision |
| Conciliation | 3rd party helps conflicting parties to reach a mutually agreeable solution, but they don't impose a solution |
| Contract | Legally binding agreement between two or more parties which is enforceable by law. |
| Offer | Proposal which can be oral, in writing or by conduct, which becomes legally binding when accepted |
| Acceptance | Accepting original offer unconditionally and unqualified (not changing anything) |
| Consideration | Something of value must be exchanged between the parties (money value of an enforceable contract) |
| Consent | All parties must enter into the contract of their own free will |
| Intention to contract | Making a contract must be deliberate or intentional. Social arrangements are not legally binding but all business agreements are. |
| Capacity to contract | All parties must have the legal capacity to freely enter into a contract. Exemptions include infants, those under the influence/ unsound mind, directors acting ultra vires etc |
| Legality of purpose | Contracts involving illegal activities are not enforceable by law |
| Legality of Form | Some contracts must be written in order to be legal e.g. mortgage |
| By Agreement | Parties agree to end the contract |
| Frustration | Something unforeseen and beyond the control of either party prevents a contract from being carried out e.g. Death, bankruptcy |
| Breach | One of the parties fail to fulfil their side of the contract. It is the breaking of a condition of the contract |
| Damages | When a condition is breached then the aggrieved party can sue for losses suffered as a result of the breach. |
| Specific Performance | Court orders the contract to be carried out as per agreement |
| Rescind | Contract is cancelled and parties revert to the position that had existed before the contract was signed |
| Warranty | Statement in contract, if warranty is not honoured then damages can be awarded but the contract is not broken |
| Caveat Emptor | Let the buyer beware. |
| Sale of Goods and Supply of Services Act 1980 | Legislation outlining responsibilities of retailers and rights of consumers |
| Consumers | Anyone who buys goods and services for their own use |
| Merchantable quality | All items for sale must be of good quality and fit to be sold |
| Fit for purpose intended | Goods must perform the specific role as intended |
| As described | Must match their descriptions |
| Informed consumer | keeps receipts, knows their rights, how to complain, shops around for best value, does not impulse buy or engage in false economies. |
| Manufacturer's guarantee | Extra protection which does not replace or supersede consumer's rights. Must state how to claim and what is covered and for how long. |
| Redress | Refund, Re[air, Replace. Depends on how promptly consumer acts and proof of purchase |
| NCA | Established under 2007 Consumer Protection Act. Advocates for and advices consumers, prosecutes offenders and advices businesses |
| Industrial Relations | Relationship between employers and employees in the workplace |
| Trade Dispute | Conflict over terms & conditions, the employment or non employment of any person |
| Trade Union | Interest group which seeks to improve conditions & pay of its members e.g. SIPTU |
| Shop Steward | Union representative in the workplace, elected by co-workers. |
| Productivity Claim | Pay increase claim for extra work |
| Comparability Claim | Seeking increase when workers doing similar work get an increase in pay |
| Relativity Claim | Designed to maintain pay differentials between employees at different levels |
| Cost of living claim | pay increase claim in order to keep up with inflation |
| 1990 Industrial Relations Act | Law governing disputes. Defines Trade dispute, states procedures needed to be followed (one week's notice, secret ballot), defines primary and secondary picketing, and established LRC |
| LRC | Labour Relations Commission - promotes good IR (codes of practice), has advisory service, conducts research, provides Rights Commissioner Service (1 or small group of workers over unfair dismissal, maternity leave or procedures), concilliation service |
| Secondary picketing | Picketing place of second employer who is frustrating strike being resolved |
| Picketing | Walking up and down outside place of work with plackards . |
| Closed shop arrangement | When forced to join a particular trade union when hired. |
| Demarcation | A dispute over who does what job within an organisation |
| Labour Court | Court of last resort - provided arbitration service |
| Rights Commissioner | Investigates grievances/disputes over Unfair Dismissal (600 cases a year), maternity leave and grievance procedures. decision acn be appealed to Labour Court or EAT |
| Unfair Dismissals Acts 1997-2007 | Protect employees between 16-66 with one year's continuous employment with the same employer. Define fair dismissal, unfair and constructive |
| Constructive Dismissal | When working conditions are made intolerable by employer so employee has to leave |
| Fair Dismissal | Incompetent/ unqualified/ incapable, misconduct or part of an agreed redundancy are all deemed to be fair dismissal |
| Unfair Dismissal | Trade union membership, pregnancy, religion, traveller, suing an employer, going on strike, age, sexual orientation, gender, colour, taking of maternity/ parental/ adoptive leave are all deemed unfair |
| Remedies for unfair dismissal | Reinstatement, re-engagement or reimbursement |
| Rights of dismissed employee | know reason, right of reply and have a fair hearing |
| Procedures for dismissal | counsel, verbal warning (problem and remedies outlined), written warning, final written warning, suspension, dismissal: employee has right to impartial hearing with representation. |
| EAT | Employment Appeals Tribunal, independent body responsible for implementing employees' rights under employment law. Decision of EAT can only be appealed on point of law. |
| Strike | Withdrawl of labour from the workplace |
| Official strike | Sanctioned by union and ICTU |
| Unofficial strike | Not sanctioned by union or ICTU |
| Employment Equality Act 1998 | Outlaws discrimination on 9 grounds (gender, marital status, family status, age, disability, race, religion, sexual orientation, traveller. Established Equality Authority and Director of Equality Investigations. |
| Equality Authority | State body responsible for business compliance with equality laws. Monitors, advises and assists employees in making complaints. Refers cases to Director of Equality Investigations |
| Director of Equality Investigations | Investigates cases of inequality. If case concerns pay can award back pay. if not an employee can award €12,700 |
| Discrimination | treatment of one person in a less favourable way than another person is, has been or would be treated in the same circumstances. |
| ICTU | Irish Congress of Trade Unions. Represents union movement at talks with governments, sanctions official strikes |
| Reinstatement | employee gets their job back with same terms as before |
| Re-engagement | employee is employed in similar position on terms & conditions deemed acceptable |
| Re-imbursement | Financial settlement up to 104 weeks' pay |
| CAI | Consumer Association of Ireland, interest group, informs consumers of their rights |
| 2007 Consumer Protection Act | protects consumers from unfair business-to-consumer practices. Bans practices which are unfair, misleading or aggressive. Includes false/misleading prices/advertising /trade description. Consumer can be compensated for any damages. |
| Small Claims Court | Deals with complaints up to €2000. Apply online for €25. Fast and cheap |
| Cold calling | Salesperson arrives unannounced and tries to sell consumer something. |
| Unsolicited goods aka inertia selling | Sending unordered goods and then seeking payment |
| Aggressive practices | putting unfair pressure on a consumer such as harassing, coercing, taking advantage of |
Created by:
MsBradyBusiness
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