Harbours Act, 1996
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Provisions applicable to staff transferred under section 38 . |
39.—(1) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned or an agreement negotiated with the person concerned, a person transferred to a company under section 38 shall not, while in the service of the company, be brought to less beneficial conditions of service or of remuneration than the conditions of service or of remuneration to which he or she was subject immediately before the relevant vesting day. | |
(2) Until such time as the scales of pay and conditions of service of persons transferred to a company under section 38 are varied by the company, following consultation with any recognised trade union or staff association concerned or one or more of the said persons, the scales of pay to which the said persons were entitled and the conditions of service, restrictions, requirements and obligations to which they were subject immediately before their transfer shall continue to apply to them and may be applied or imposed by the company while they are in its service. | ||
(3) The conditions in regard to tenure of office which are granted by the company in relation to a person transferred to it under section 38 and who, immediately before the relevant vesting day, held office under the Local Authorities (Officers and Employees) Acts, 1926 to 1983, or was a member of the staff of the Department of the Marine, shall not, while he or she is in the service of the company, be less favourable to him or her than those applicable for the time being to persons holding office under the said Acts or, in case he or she was a member of the staff of the Department of the Marine, persons who are civil servants; any alteration in the conditions in regard to tenure of office of the said person shall not be less favourable to him or her than the conditions applicable at the time of such alteration to persons holding office under the aforesaid Acts or, as appropriate, persons who are civil servants, save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned or an agreement negotiated with the said person. If a dispute arises between the company and any such person as to what conditions are applicable for the time being to persons holding office under the aforesaid Acts or who are civil servants, the matter shall be determined by the Minister for Finance after consultation with the Minister. | ||
(4) (a) In relation to a person transferred to a company under section 38 , previous service by the person in the employment of the former harbour authority of the company's harbour or in the civil service, as the case may be, shall be reckonable for the purposes of, but subject to any exceptions or exclusions in, the Redundancy Payments Acts, 1967 to 1991, the Holidays (Employees) Acts, 1973 and 1991, the Minimum Notice and Terms of Employment Acts, 1973 to 1991, and the Unfair Dismissals Acts, 1977 to 1993. | ||
(b) The reference in this subsection to previous service by a person in the employment of a former harbour authority includes a reference to previous service by the person otherwise than in the employment of the harbour authority that was treated by the harbour authority as service by him or her in their employment. | ||
(5) In this section “civil servant” and “civil service” have the same meaning as they have in the Civil Service Regulation Act, 1956 . |