Transport Act, 1950
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Provisions in relation to certain officers and servants of dissolved undertakers. |
38.—(1) In this section— | |
the expression “person to whom this section applies” means a person— | ||
(a) who becomes, by virtue of section 36 an officer or servant of the Board, and | ||
(b) who either— | ||
(i) was, immediately before the establishment date, employed by either dissolved undertaker in a permanent capacity, or | ||
(ii) had, except for casual interruptions of employment caused by emergency conditions, been employed by either dissolved undertaker during the whole of the three years ending on the day immediately preceding the establishment date; | ||
the word “redundancy” means redundancy existing immediately before the establishment date or resulting from the transfer effected by Chapter I of Part IV . | ||
(2) The services of a person to whom this section applies shall not be dispensed with by the Board on the ground of redundancy. | ||
(3) Where a person to whom this section applies suffers a worsening of his conditions of service by reason of:— | ||
(a) the transfer effected by section 36, or | ||
(b) his transfer, on the grounds of redundancy, from one position in the service of the Board to another, | ||
he shall be paid by the Board compensation consisting of a lump sum of such amount as is reasonable. | ||
(4) Where the Board is unable to offer to a person (being a person to whom this section applies and whose retention in its service is unnecessary on the ground of redundancy) suitable alternative employment in its service, then, notwithstanding anything contained in this section, his services may be dispensed with by the Board and, in that case, he shall be paid by the Board compensation calculated in the manner set out in the Fourth Schedule to this Act. |