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Consumer Protection Act 2007

Transfer of employment of certain persons to Agency.

35.— (1) On the request of the chief executive made within 24 months after the establishment day, the Minister may, by direction in writing, transfer to the Agency the employment of a person who is employed in a Department of State or by a public body, but only if the person has agreed to have that employment transferred to the Agency.

(2) The chief executive may make such a request only with the concurrence of the Agency.

(3) The conditions of employment of a person whose employment is transferred under this section are to be no less favourable than those applicable to the person immediately before the transfer, except in so far as a collective agreement negotiated with a recognised trade union or staff association of which the person is a member expressly provides otherwise.

(4) If any dispute arises between a person whose employment is transferred under this section and the Agency as to the conditions of employment applicable to the person immediately before the transfer, the Minister shall determine the dispute.

(5) If a person’s employment is transferred under this section, the person’s previous service with a Department of State or public body is to be counted as service for the purposes of the following Acts of the Oireachtas:

(a) the Redundancy Payments Acts 1967 to 2003;

(b) the Protection of Employees (Part-Time Work) Act 2001 ;

(c) the Protection of Employees (Fixed-Term Work) Act 2003 ;

(d) the Minimum Notice and Terms of Employment Acts 1973 to 2005;

(e) the Unfair Dismissals Acts 1977 to 2005;

(f) the Terms of Employment (Information) Acts 1994 and 2001;

(g) the Organisation of Working Time Act 1997 ;

(h) the Parental Leave Acts 1998 and 2006;

(i) the Carer's Leave Act 2001 .

(6) In this section “ recognised trade union or staff association ” means a trade union or staff association recognised by the Agency for the purposes of negotiations which are concerned with the remuneration or conditions of employment or the working conditions of employees.