Employment Rights

Dáil Éireann Debate, Thursday - 19 November 2015

Thursday, 19 November 2015

Questions (11)

Catherine Murphy

Question:

11. Deputy Catherine Murphy asked the Minister for Public Expenditure and Reform if he is aware, in so far as it relates to his public service and Civil Service oversight remit, of instances where compromise agreements have been offered to public servants who wish to avail of voluntary redundancy, in place of the traditional terms; if he is aware that previous determinations by the Labour Court have indicated that in order for a settlement or compromise agreement to be upheld, the terms of any waiver must be construed strictly against the party from which it emanated; that any agreement to waive statutory rights must be supported by adequate consideration and the waiver should arise from an agreement reached after meaningful negotiations and after professional advice has been sought and given; that case law in relation to section 13 of the Unfair Dismissals Acts 1977 to 2007 allows for employers and employees to compromise a claim under the Acts provided only that the employee has given full and informed consent; if all public sector employers are aware of this fact and if, at any stage, compromise agreements have been attempted with employees in contravention of statutory rights; and if he will make a statement on the matter. [40609/15]

Oral answers (6 contributions)

Deputy Catherine Murphy

My question relates to the offering of compromise agreements to public sector staff. An individual has approached me who claims the procedures set down in the Labour Court were not followed in that person's case. It was essentially a case of a gun to the head. I am concerned with establishing the views of the various Departments involved on this matter.

Deputy Brendan Howlin

I note the Deputy submitted a similar question to my colleague, the Minister for Jobs, Enterprise and Innovation, on 4 November, in his reply to which he pointed out that it was up to an individual, following consideration of the terms on which voluntary redundancy was being offered, to decide whether to avail of voluntary redundancy. The terms that should apply in the case of redundancy of public servants are set out in Collective Agreement: Redundancy Payments to Public Servants, which was agreed between the Department of Public Expenditure and Reform and the Irish Congress of Trade Unions, ICTU, in June 2012.

Responsibility for deciding whether to offer a voluntary redundancy scheme in a particular agency rests, in the first instance, with the agency and its parent Department. In the event that these bodies consider it appropriate to offer voluntary redundancy, sanction for the financial terms of the scheme should be sought from the Department of Public Expenditure and Reform. It is expected that agencies will make sure they are satisfied that the non-financial terms of any scheme are in compliance with any legal requirement and that they will seek legal advice to the extent appropriate to the circumstances of the case. The advice of my Department is sought on myriad issues, but I am not aware of an instance of the nature referred to by the Deputy being raised with my Department in recent times. If the Deputy has a specific instance in mind, she might let me have the details and I can arrange for further inquiries to be made.

I understand section 13 of the Unfair Dismissals Acts 1977 to 2007 render void a provision in any agreement which purports to exclude or limit the application of any provision of these Acts, although case law provides that section 13 does not preclude employers and employees from compromising a claim under the Acts, provided the employee has given "full and informed consent". I further understand the Labour Court has held that in order for a settlement or compromise agreement to be upheld, the terms of any waiver must be construed strictly against the party from which it emanated, any agreement to waive statutory rights must be supported by adequate consideration and the waiver should arise from an agreement reached after meaningful negotiations and professional advice has been sought and given.

Deputy Catherine Murphy

I certainly will provide the Minister with the details of the case to which I referred. Essentially, there was no question of the person being offered any support or even guidance on the rights that should apply. That is the reason I tabled this question. We must prevent creeping erosion of employees' rights. In this case, the employee was told that if the offer was not signed by a certain date, it would be taken off the table. The Minister has said he will look at this issue. I ask that he not only examine it but that guidance also be given to the agency in question and a particular watch be placed on this matter. We must work to ensure there is no erosion of rights, not only for workers in this agency but also across the public sector.

Deputy Brendan Howlin

I do not know whether the Deputy has indicated which agency or body is involved. I do not have any such information in front of me, but I certainly will look at any specific case she presents to me and ensure it is examined by experts in my Department. If there are broader implications for the conduct of any agency, we will certainly advise it to that effect. In addition, we will give broader advice across the public service should this be warranted by the information provided by the Deputy.

Deputy Catherine Murphy

The agency is question is one associated with the Health Service Executive.

An Ceann Comhairle

Question No. 12 has been tabled by Deputy Clare Daly who is not present in the Chamber.

Question No. 12 replied to with Written Answers.