Oireachtas Joint and Select Committees

Wednesday, 12 May 2021

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

Online Content Moderation: Discussion

Ms Fionnuala Ní Bhrógáin:

There was a question on NDAs and terms of employment. The question is whether NDAs form parts of the contract of employment. If they do, the workers should be entitled to a copy of any document as it relates to their employment. Beyond whether that legislation applies, in general, workers should have access to any documents that have an impact on their ability to interact with their employers and, in particular, in terms of interaction for raising internal or external grievances such as through the Workplace Relations Commission. If a worker decided that he or she wanted to take an individual case through the mechanisms of the State but felt this document prohibited him or her from doing it, that is crucial to taking into account how those NDAs affect the contracts of employment. I might have to defer to Ms Crider on whether this breaches the legislation mentioned by the Senator.

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