Unit 1 – People in Business – Question 1

Chapter 1: People in Business

 Categories of Business:
 Commercial (profit)
 Non-commercial (non-profit making service/charity)

 Stakeholder (define & outline)

 Entrepreneur
 Investors (banks, shareholders, government)
 Employees
 Employers /Managers
 Consumers
 Producers (finished goods) and Suppliers (raw materials)
 Service providers

 Interest Groups (define and outline importance of)

 Protect their members
Interest groups negotiate with authorities (Irish government, EU) on behalf of their
members
 Promote a particular point of view
Interest groups promote the common viewpoint, objectives & goals of their members.
 Try to influence decisions
Can influence government budgets, taxation, employment legislation – all of which impact
on business.
 Power in numbers
Methods used include negotiation, boycotting, legal action, lobbying, information
campaigns, public protests, petitions.
 Examples include:
 ICTU –Irish Congress of Trade Unions
 IBEC – Irish Business Employers’ Confederation
 IFA- Irish Farmers Association (Suppliers)
 CAI – Consumer Association of Ireland

 Relationships
 Co-operative (getting on)
 Competitive (conflict)
Give examples of each relationship within a business and between businesses
 Unit 1 – People in Business – Question 1
 Contract (define)
2 parties:
 Offerer (makes the offer)
 Offeree (receives the offer)

7 Elements (define and illustrate)

1. Agreement (offer and acceptance)
2. Consideration
3. Capacity
4. Consent
5. Intention
6. Legality of purpose
7. Legality of form

 Termination of a contract (explain & illustrate each)

1. Performance
2. Agreement
3. Frustration
4. Breach

 Remedies for breach of contract (explain & illustrate each)

1. Damages
2. Specific Performance
3. Rescind

** Invitation to treat: This is not a contract but an invite to make an offer e.g. price tags.
 Unit 1 – People in Business – Question 1
Chapter 2: Consumer Conflict
Non legislative methods of solving consumer conflicts and illustrate.
 Negotiation
 Advice from the CAI

Legislative methods of solving consumer conflicts

 The Sale of Goods and supply of services Act 1980 & evaluation of.

 Goods must be of:

 Merchantable quality
 Fit for purpose
 Conform to sample
 Be as described
 Services must be
 Given with due care
 By a qualified person
 Using parts of merchantable quality
 Provisions for unsolicited goods
 Provisions for guarantees
 Retailer is responsible
 Redress for breach of the law
 Refund
 Repair
 Replacement

 The Consumer Protection Act 2007 & evaluation of.

Deals with:
 Misleading practices
 Aggressive practices
 Prohibited practices
 Pyramid schemes

 Established the NCA

 Conducts research into consumer issues
 Informs consumers of their rights
 Investigates breaches of consumer law
 Act as an advocacy for consumers

 Small Claims Court & evaluation of.

 Acts as a conciliator
 Easy to organise – if <€2000
 Cheap to organise
 Appealed to District court

 Ombudsman & evaluation of.

 Unit 1 – People in Business – Question 1
 Investigates complaints
About the activities of Government Departments, the Health Service Executive, local
authorities and An Post.

 It’s a last resort.

Investigates complaints, only after the person has tried to solve the problem with the
public body involved/ all other avenues for solving the issue have been exhausted.

 Independent of the Government

Impartial and provides a free service.

Chapter 3: Industrial Relations Conflict

Industrial Relations (importance of)

 Employer
 Employee

Types of Industrial Action (explain each)

 Legal Action
 Official strike
 All out strike - ICTU
 Work to rule
 Overtime ban
 Illegal Action
 Unofficial strike
 Wildcat strike
 Political strike
 Sympathetic strike

 Non legislative methods of solving consumer conflicts and illustrate.

Negotiation – trade unions

 Functions of trade unions

 Take cases, if a dispute arises
 Seek better pay and conditions
 Involved in National Pay Agreements
 Protect their members

 Role of shop steward

 Recruit new members for the union
 Represent employees in negotiations with management
 Keep members up to date
 Inform union of members issues

 Role of the ICTU

 Settle disputes between unions
 Unit 1 – People in Business – Question 1
 Provide training to unions
 Give permission for all out strikes
 Involved in National Pay Agreement

 Legislative methods of solving consumer conflicts and illustrate.

Industrial relation Act 1990 and evaluation of.

 Definition of a trade dispute

 Legal Trade Disputes
o Pay and conditions
o Dismissal
o Union recognition
o Discrimination
o Demarcation
 Illegal Trade Disputes
o Disputes over closed shop agreements
o Political issues
o Management issues

 Provisions to organise an industrial dispute (secret ballot & weeks’ notice)

 Provisions for picketing

o Primary
o Secondary
 Provisions for immunity
 Established the LRC
 Established the Labour Court

Labour Relations Commission (functions and evaluation of)

 Provides a conciliation service

o IRO
o Rights Commissioners
 Provides an IR advisory service
 Draws up codes of practice
 Conducts research
Rights Commissioner (functions and evaluation of)

 Works for the LRC & investigates disputes

 Invites the employee & employer for a private hearing
of the case
 Recommends a solution
 Can appeal to the EAT/LC

Labour Court
 Arbitration service (appeals against the Equality officer – legally binding)
 Unit 1 – People in Business – Question 1
 Interprets LRC codes of practice
 Registers collective agreements

Solving Industrial disputes re pay and conditions

 Talk it out – employer and employee
 Seek Advice – Union, LRC advice on rights under The Industrial Relations Act 1990
 Negotiate - employer and employee with union
 Conciliate- LRC
 Arbitrate- Labour court

 Unfair Dismissals Act 1977/2007 (explanations of each and evaluation)

 Fair dismissals
 Incapability
 Qualification
 Incompetent
 Misconduct
 Redundancy
 Unfair Dismissals
 Pregnancy
 Union activity
 Discrimination grounds (e.g. beliefs ,age, traveller)
 Suing employer
 Procedures for dismissal
 Speak to employee - help solve problem
 Verbal/ Written warnings x 3
 Suspension
 Dismissal
 Remedies (explanation & examples)
 Re-instatement
 Re-engagement
 Compensation
 Constructive dismissal (explain & illustrate)
 Established Employment Appeals Tribunal (EAT)
 Arbitration service
 Quick
 Fair
 Inexpensive
 Solving industrial disputes re dismissal
 Talk it out - employer and employee
 Seek Advice – Union, LRC (right commissioner) advice on rights under The Unfair
Dismissals Act 1977/1993
 Negotiate- employer and employee with union
 Conciliate- LRC
 Arbitrate- EAT

 Employment Equality Act 1998 (explanation & evaluation)

 This law prohibits discrimination at work
Unit 1 – People in Business – Question 1
 That is, the treatment of one person in a less favourable way than another person is, has
been or would be treated.

 9 grounds discrimination is outlawed

 Gender
 Race
 Age
 Family Status
 Civil/Marital Status
 Disability
 Sexuality
 Religion
 Traveller Community

 Areas discrimination is outlawed

 Advertising jobs
 Hiring
 Training
 Promotions
 Conditions – pay

 Provisions for positive discrimination to promote equal opportunities

 Situation where a less or equally qualified individual who belongs to an under-represented
or otherwise disadvantaged group is given precedence over another individual who does
not belong to the group in question

 Established Equality Authority (outline functions)

 Offer advice/information to the public about the EEA 1998
 Draws up codes of practice
 Aims to eliminate discrimination in workplace
 Promotes equal opportunities at work

 Established Director of Equality Tribunal – legally binding (functions & evaluation)

 Investigates discrimination conflict (must be made within six months)
 Offers a mediation service – mediation officer
 Offers a conciliation service- equality officer
 Offers an arbitration service- the director

 Solving Industrial disputes re equality

 Talk it out - employer and employee
 Seek Advice – Union, Equality Authority advice on rights under The Employment
Equality Act 1998
 Negotiate- employer, employee with union and an equality mediation officer
 Conciliate- Equality officer
 Arbitrate- Director of equality

Question Year Due for Exam on this Unit

 Unit 1 – People in Business – Question 1
Higher Level 1 2010, 2006, 2003, 2002 22rd November 28th November

Ordinary Level 1 2010, 2007, 2005, 2003 22rd November 28th November