Social Affairs

Macra na Feirme employee ‘waived’ right to take pay claim when he signed settlement deal

Brian Ó Góilín tells WRC farming youth organisation held back pension contributions

Farming organisation denies there was a 'side deal' on Mr Ó Góilín's pension when he signed a termination settlement.

Stephen Bourke
Thu Feb 9 2023 - 14:59

A former employee of Macra na Feirme who accuses the organisation of breaching a termination settlement deal by allegedly holding back pension contributions has been told he appears to have signed away his right to take a statutory pay claim.

Elements of an October 2021 “termination agreement” between Brian Ó Góilín and the farming youth organisation were opened in submissions to the Workplace Relations Commission (WRC) ahead of a hearing this morning.

Mr Ó Góilín has accused his former employer of breaching the terms of the settlement deal by allegedly failing to remit monies to his pension provider, Aviva, and lodged papers with the WRC for a statutory pay claim under the Payment of Wages Act 1991.

He claims there was a “side deal” on pensions when he agreed the termination deal.

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That was denied by the organisation, which argued it had a standing settlement deal agreed prior to the date Mr Góilín alleged there had been deductions.

Opening a hearing this morning, adjudicating officer Breiffní O’Neill told Mr Ó Góilín: “It’s quite clearly a compromise agreement signed whereby you waived the right to a Payment of Wages claim.”

“I believe Macra breached the termination agreement,” Mr Ó Góilín said.

Mr O’Neill said Macra had put documents before him signed by Mr Ó Góilín stating that he had agreed the settlement with the benefit of legal advice and was not under “duress”.

“It would appear you have waived any rights to pursue the claim,” Mr O’Neill told the complainant.

Mr Ó Góilín’s position was that the waiver of rights he had signed excluded Macra’s obligations as set out in a severance letter.

“The deductions as taken from those payments in relation to pension weren’t paid to Aviva,” he said.

“Are we saying that if they paid me €100, deducted €50 and didn’t pay it over to the pension company they haven’t breached the agreement?”

“But there’s no mention of pensions in the severance letter … You signed that letter with legal advice and without duress,” Mr O’Neill said, adding that Mr Ó Góilín had provided “no evidence whatsoever” that Macra had not met its obligations.

“Can you see my difficulty if I find in your favour?” he asked the complainant.

“I do see it,” Mr Ó Góilín said, but added: “Not everything in an agreement is in a contract. Not everything in a contract is in a document.”

Johanne Duignan of Ledwith Solicitors, appearing for Macra, said Mr Ó Góilín had the benefit of independent legal advice on the arrangement and that she herself had advised the youth organisation on the other side.

“In my view there was no agreement in relation to pensions, no side agreement,” she said.

She said the document had been “executed in the presence of a solicitor” by Mr Ó Góilín on October 28th 2021.

“By way of general commentary, this complaint under the Payment of Wages Act references that this payment should have been made on October 31st 2021,” she said.

“Mr Golden’s complaints don’t stack up,” she added.

“There were side deals relating to pensions,” Mr Ó Góilín said.

“I’m just not going into the complaint,” Ms Duignan said.

Mr O’Neill said he would issue his decision in writing to the parties in due course.

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