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PART 6
General matters in relation to companies, etc.
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Minister’s powers in relation to removal of directors, etc.
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44.— (1) The Minister may by written notice—
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(a) remove a person from a position of director or officer of a relevant institution, or
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(b) terminate the employment by a relevant institution of a person.
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(2) The removal of a person or termination of a person’s employment by virtue of subsection (1)—
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(a) has effect without the need for any notice being given, meeting being called, resolution being passed or consent being obtained, and
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(b) may be expressed to take effect immediately and, if so expressed, has that effect.
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(3) Where a notice under subsection (1) is expressed to have immediate effect, no period of notice is necessary to the person concerned.
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(4) The removal of a person from a position of director or officer of a relevant institution under this section also terminates any contract of service or contract for services between the person and the relevant institution.
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(5) Nothing in this section deprives a person removed or whose employment is terminated of any right to claim compensation or damages from the relevant institution for the loss of his or her office or appointment.
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(6) Notwithstanding subsection (5)—
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(a) a court, tribunal or rights commissioner may not grant any remedy that would have the effect of preventing or restraining the Minister from exercising his or her functions under subsection (1), and
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(b) a court, tribunal or rights commissioner may not make any order under the Unfair Dismissals Acts 1977 to 2007 for the reinstatement or re-engagement of such a person.
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