Transport Act, 1963
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Compensation for employees of Company whose services are dispensed with or conditions worsened. |
14.—(1) Where— | |
(a) either before or after the passing of this Act, the employment with the Board of a person who is an officer or servant of the Board (including an officer or servant transferred or seconded under section 14 of the Great Northern Railway Act, 1958 ) is terminated for the purpose of enabling the person to enter the employment of the Company, | ||
(b) upon such termination, the person enters the employment of the Company, and | ||
(c) before the 31st day of March, 1964, the services of the person are dispensed with by the Company, or he is transferred from one position to another in the service of the Company, as a consequence of any of the matters referred to in subsection (1) or (6) of section 14 of the Act of 1958 or paragraph (a), (bb) (inserted by this Act) or (c) of subsection (1) of section 17 of the Great Northern Railway Act, 1958 , and 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 or is required by the Company 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— | ||
(i) in case his services are dispensed with as aforesaid, he shall be entitled to compensation under section 14 of the Act of 1958 (subject, in the case of a person to whom subsection (3) of section 17 of the Great Northern Railway Act, 1958 , applies, to the provisions relating to the Second Schedule to the Act of 1958 contained in that subsection) payable by the Company to the same extent and on the same conditions as a person to whom that section applies, and for the purpose of such entitlement the employment of the person with the Company shall be deemed to be employment with the Board and the interval (if any) between such termination aforesaid and the commencement of the employment with the Company shall be deemed for such purpose not to be a break in the person's employment with the Board, and | ||
(ii) in case he is transferred as aforesaid, he shall be paid by the Company compensation consisting of a lump sum of such amount as is reasonable. | ||
(2) 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 and the references in the said sections to the Board shall, for the purposes of such application, be construed as references to the Company. | ||
(3) (a) The Minister may by order extend the provisions of this section to any case in which, before the 31st day of March, 1964, the services of an officer or servant of the Company (being an officer or servant who was formerly employed by the Board or was transferred or seconded under section 14 of the Great Northern Railway Act, 1958 , and whose services with the Board were terminated (whether before or after the passing of this Act) for the purpose of enabling him to enter the employment of the Company) are dispensed with or he is transferred to another position because of redundancy arising from any scheme for the re-organisation and more economical operation of any department of the Company affecting any section or category of workers, and may by order amend any such order. | ||
(b) Every order under this subsection shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling the order is passed by either House within the next subsequent twenty-one days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder. |