Dr. Michelle O'Sullivan:

Some of the legislation models that rely on co-determination and co-governance say that technology should not be implemented and has to be agreed, particularly where there is an absence of law on the issue. The question the Deputy asked is a question that has not been answered yet. The difficulty with answering a question like that is that the companies themselves, particularly if they are buying in the software, will not necessarily know how the algorithm works if they are using it to a sophisticated level.

Employees, likewise, do not understand how it works. Even with a level of training, they could not necessarily be expected to understand the technical aspects of how the algorithms work. Regardless of that, we have to consider what it is that any arbiter would be deciding. It would be quite difficult for any kind of arbiter to make decisions on the technical aspects and what the technical bits should and should not be allowed to do. As I said, employers might not be able to answer that question. One then has to consider, regardless of the technical aspects, what kinds of rights employees should have in any case. Should there even be a level of technological monitoring of their work? That is the first question. Then there are varying levels of flexibility to consider if such monitoring is allowed.