Catherine Murphy (Kildare North, Social Democrats)
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13. To ask the Minister for Jobs, Enterprise and Innovation if he has expressed any concerns to the Department of Social Protection or the Department of Public Expenditure and Reform, in so far as it relates to labour and employment policy under his remit, regarding the use of compromise agreements at State agencies for staff who wish to avail of voluntary redundancy; if he is aware that the content of these compromise agreements can often contain terms not usually contained in a typical voluntary redundancy arrangement; if he has sought information regarding the extent and nature of such agreements across the public service; if so, if he will share this information; and if he will make a statement on the matter. [37946/15]

Gerald Nash (Louth, Labour)
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The Deputy is asking about the terms of voluntary redundancy agreements in State Agencies. At the outset, I would point out that it is up to an individual, following consideration of the terms on which voluntary redundancy is being offered, to decide whether or not to avail of voluntary redundancy. I understand from my colleague with responsibility for terms and conditions in the public sector, the Minister for Public Expenditure and Reform, that the terms that should apply in the case of redundancy of public servants are set out in the Collective Agreement: Redundancy Payments to Public Servants which was agreed between the Department of Public Expenditure and Reform and 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 itself and its parent Department. In the event that those bodies consider it appropriate to offer voluntary redundancy, sanction for the scheme has to be sought from the Department of Public Expenditure and Reform.

My Department has no role regarding the terms and conditions of voluntary redundancy schemes which are negotiated between employers, employees and their representative bodies. However, my Department is responsible for ensuring that Ireland’s robust suite of employment rights legislation is respected, and that individuals can vindicate their rights.

In particular, I would draw the Deputy’s attention to Section 13 of the Unfair Dismissals Acts 1977 to 2007 which renders void a provision in any agreement which purports to exclude or limit the application of any provision of that Act. The caselaw provides that Section 13 does not preclude employers and employees from compromising a claim under the Acts provided that the employee has given “full and informed consent”. 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 whom 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 after professional advice has been sought and given.

Ireland’s comprehensive suite of employment law is underpinned by the workplace relations bodies which, since the 1st of October, have been merged into the new Workplace Relations Commission and a re-constituted Labour Court. An individual who considers that their employment rights have been infringed can make a complaint, under the relevant piece of legislation, to the Director General of the WRC, in the first instance and, on appeal, to the Labour Court. These are quasi-judicial bodies which are independent in the exercise of their functions.