Catherine Murphy (Kildare North, Social Democrats) | Oireachtas source

11. To ask 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]

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