Mary Seery Kearney (Fine Gael) | Oireachtas source

In the principal Act the definition of remuneration covers any kind of remuneration, whether in cash or in kind, that an employee receives directly or indirectly from the employer in respect of that employment. It is a real catch-all. Having argued the point in the context of what basic pay and conditions means and whether it is the same as remuneration, there are times when the two are very distinct. Remuneration is a much wider definition when one is arguing it than basic pay and conditions. Remuneration is a broad church of inclusion.

When it comes to the regulations, and specificity and reference to cases that were appealed to the Labour Court under the terms of the temporary agency worker Act, the outworking of the law in that regard lent itself to an elaboration of employment equality very well. There are very fine pieces that could inform the regulations and would meet the concerns that Senator Higgins expressed. If we are too specific in legislation, we run the risk of introducing something else we have not covered, insofar as some other benefit or something will be circumvented. Depending on the wording in a contract, Christmas bonuses are either included or not.

We have to be careful to make sure that comparable employees are dealt with. The idea of keeping something within remuneration, including anything in a broad church without being too specific, provides an opportunity for people like me to argue that something is or is not included. More often than not, to be fair, the Workplace Relations Commission, WRC, and Labour Court are more minded to include in favour of the petitioning body and complainant. That should give some comfort.