Govt takes policy decision on use of non-disclosure clauses

Govt takes policy decision on use of non-disclosure clauses

Friday, February 15, 2019

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PRIME Minister Andrew Holness has invited the House of Representatives to note the outcome of the Cabinet’s deliberations, on Monday, on the use of non-disclosure/confidentiality clauses in relation to human resources personnel matters at Petrojam Limited.

Ministry Paper #10/2019, which was tabled by Holness, along with the details of the settlement agreement with the refinery’s former human resources manager, Yolande Ramharrack, noted that the inclusion of non-disclosure/confidentiality clauses entered into by public sector boards has become controversial, against the backdrop of Petrojam Limited’s settlement agreement with her.

It said that the Cabinet has also taken the following policy decisions:

(1) If considered necessary to include a non-disclosure/confidentiality clause when negotiating a settlement agreement for HR/personnel matters, the public sector board should ensure that the form of the clause does not fetter the (power of) Parliament, any court or any lawful request under any Act, to obtain the information being protected;

(2) In a settlement agreement relating to the HR/personnel matters, the final settlement amount or value should not be the subject of any non-disclosure/confidentiality clause; and

(3) When considering a settlement agreement relating to HR/personnel matters, public sector boards should not proceed with non-disclosure clauses without the matter being brought to the attention of the relevant portfolio minister.

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