Brendan Howlin (Wexford, Labour) | Oireachtas source

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.

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