Roderic O'Gorman (Dublin West, Green Party) | Oireachtas source

I thank the Senator. These amendments seek to amend the provisions relating to the termination of a flexible or remote working arrangement and could represent an undue interference in how the employer operates his or her business. The proposed insertion of the words "reasonable and demonstratable" is unnecessary. The bar for termination is set appropriately high. Employers cannot terminate an arrangement for trivial reasons. The termination provisions can only be used when the employer is satisfied that the arrangement is having, or would have, a substantial adverse effect on the operation of their business. Employers must be able to stand over the reasons for termination, as they are required to provide the employee with a written notice detailing the grounds. The proposed insertion of the word "business" to limit the employer's consideration of their own needs is also unnecessary as the termination provisions can only be used when the employer is satisfied that the remote working arrangement is having, or would have, a substantial adverse effect on the operation of his or her business. This means that the employer's scope to use this provision is already limited to a significant degree. The final proposed amendment concerns the circumstances where an approved remote working arrangement can be terminated. The unavailability of a person to carry out the duties of the employee at the employer's place of business is a legitimate reason for an employer to terminate a remote working agreement. It is right that employers should retain the authority to make decisions in the best interests of their businesses and be able to respond to challenging circumstances. This Bill does not allow for terminations without due consideration. It requires employers to consider employees' needs, as well as business needs, when making a decision and they must also abide by the code of practice.Employees have a right to make representations to the employer with regard to an employer's proposal to terminate an arrangement and can make a complaint to the Workplace Relations Commission, WRC, if they believe their employer has not fulfilled their obligations under the section. I am not in a position to accept these amendments.