Industrial Development (Forfás Dissolution) Act 2014
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Transfer of certain members of staff of Forfás | ||
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24. (1)(a) Subject to paragraph (b), every person who immediately before the dissolution day is a member of staff of Forfás shall on such day hold an unestablished position in the Civil Service. | ||
(b) Every person who, immediately before the dissolution day is a fixed-term employee of Forfás shall, on such day, hold an unestablished position as a fixed-term employee of the Minister for the duration of his or her contract of employment. | ||
(2) Save in accordance with a collective agreement negotiated with a recognised trade union or staff association and approved by the Minister with the consent of the Minister for Public Expenditure and Reform, a person referred to in subsection (1) shall on the dissolution day be subject to such terms and conditions of service, including terms and conditions relating to remuneration, as are not less favourable than the terms and conditions of service, including terms and conditions relating to remuneration, to which the person was subject immediately before that day. | ||
(3) In relation a person referred to in subsection (1), previous service with Forfás shall be reckonable for the purposes of, but subject to any exceptions or exclusions in, the following: | ||
(a) the Redundancy Payments Acts 1967 to 2012; | ||
(c) the Act of 2003; | ||
(d) the Organisation of Working Time Act 1997 ; | ||
(e) the Terms of Employment (Information) Acts 1994 to 2012; | ||
(f) the Minimum Notice and Terms of Employment Acts 1973 to 2005; | ||
(g) the Unfair Dismissals Acts 1977 to 2007; | ||
(h) the Maternity Protection Acts 1994 and 2004; | ||
(i) the Parental Leave Acts 1998 and 2006; | ||
(j) the Adoptive Leave Acts 1995 and 2005; | ||
(k) the Carer’s Leave Act 2001 . | ||
(4) Subject to subsection (5), the provisions of a scheme or arrangement in relation to superannuation that immediately before the dissolution day apply to, or in respect of, a person referred to in subsection (1) shall continue to apply to, or in respect of, that person after the dissolution day. | ||
(5) Subsection (4) shall not apply in respect of a provision in a scheme or arrangement in relation to superannuation in respect of which the consent or approval of the Minister for Finance, the Minister for Public Expenditure and Reform or any other Minister of the Government was required by or under any enactment but not obtained. | ||
(6) Where the provisions of a scheme or arrangement referred to in subsection (4) provide for the exercise of a discretion, the Minister for Public Expenditure and Reform shall, on and after the coming into operation of this section, exercise that discretion. | ||
(7) The pension payments and other superannuation liabilities of Forfás in respect of every person referred to in subsection (1) shall, on the dissolution day, become liabilities of the Minister for Public Expenditure and Reform. | ||
(8) A person referred to in subsection (1) shall undertake such duties as the Minister may from time to time direct. | ||
(9) A person referred to in subsection (1) shall be subject to and employed in accordance with the Civil Service Regulation Acts 1956 to 2005 and the Ethics in Public Office Acts 1995 and 2001. | ||
(10) In this section— | ||
“Act of 2003” means the Protection of Employees (Fixed-Term Work) Act 2003 ; | ||
“Act of 2004” means the Public Service Management (Recruitment and Appointments) Act 2004 ; | ||
“Civil Service” has the meaning assigned to it by the Act of 2004; | ||
“contract of employment” has the meaning assigned to it by the Act of 2003; | ||
“fixed-term employee” has the meaning assigned to it by the Act of 2003; | ||
“unestablished position” has the meaning assigned to it by the Act of 2004. |