Great Northern Railway Act, 1958
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Compensation for employees of Irish Railway Clearing House in cases of dismissal or transfer. |
18.—(1) This section shall have effect where, as a consequence of the undertaking of the outgoing Board having ceased to be vested in that Board, the Irish Railway Clearing House, within five years after the passing of this Act, dispenses with the services of an officer or servant or transfers him to another position in its service. | |
(2) This section applies only to an officer or servant who at the date of his dismissal was employed in a permanent capacity or who was, except for casual interruptions of employment, employed by the Irish Railway Clearing House during the whole of the preceding three years. | ||
(3) If his services are dispensed with, he shall be paid by the Irish Railway Clearing House compensation calculated in accordance with the Second Schedule to the Transport Act, 1958 . | ||
(4) If he is transferred to another position and thereby suffers a worsening of his conditions of service as an officer or servant of the Irish Railway Clearing House, he shall be paid by the Irish Railway Clearing House compensation consisting of a lump sum of such amount as is reasonable. | ||
(5) For the purposes of subsection (4) of this section— | ||
(a) an officer or servant of the Irish Railway Clearing House shall be deemed to suffer a worsening of his conditions of service as an officer or servant thereof if, having been transferred, without his consent, by the Irish Railway Clearing House from one position to another in its service, by reason thereof he suffers any direct pecuniary loss or is in a worse position in respect of the conditions of his service as a whole (including tenure of office or employment, remuneration, gratuities, superannuation, sick fund or other benefits or allowances, whether obtaining legally or by customary practice and whether applicable to himself or his widow or children or other dependants) as compared with those obtaining in respect of him before the transfer; | ||
(b) an officer or servant of the Irish Railway Clearing House, who is transferred by the Irish Railway Clearing House from one position in its service to another, shall be deemed to suffer a worsening of his conditions of service as an officer or servant thereof if he is required by the Irish Railway Clearing House to perform in the position to which he is so transferred duties which are not analogous to or are an unreasonable addition to those which before the transfer he was required to perform in the position from which he was so transferred. | ||
(6) Sections 41, 42 and 43 of the Act of 1950 (which relate to the determination of compensation under that Act) shall apply to compensation under this section, references to the Board being construed as references to the Irish Railway Clearing House. | ||
(7) In construing for the purposes of this section the Second Schedule to the Transport Act, 1958 , and the Fourth Schedule (as applied by the said Second Schedule) to the Transport Act, 1950 — | ||
(a) in paragraph 5 of the said Second Schedule “the Irish Railway Clearing House or ” shall be inserted before “a local authority” and “from the Irish Railway Clearing House” shall be substituted for “from the Board”; | ||
(b) in subclause (ii) of clause (a) of subparagraph (2) of paragraph 1 of the said Fourth Schedule, “if that person had service with a former transport company,” shall be deleted, and | ||
(c) in subparagraph (b) of paragraph 4 of the said Fourth Schedule, “the Irish Railway Clearing House” shall be substituted for “the Board”. |