Radiological Protection Act, 1991

Staff of Institute.

12.—(1) The Institute shall accept into its employment on the establishment day in accordance with the terms of this Act every person who immediately before the establishment day was a member of the staff of the Board.

(2) The Institute may appoint such number of persons to be members of the staff of the Institute as it may determine with the consent of the Minister and the Minister for Finance.

(3) (a) A member of the staff of the Institute (other than the Chief Executive Officer) shall be paid, out of the moneys at the disposal of the Institute, such remuneration and allowances for expenses incurred by him as the Institute may, with the consent of the Minister and the Minister for Finance, determine.

(b) A member of the staff of the Institute referred to in paragraph (a) of this subsection shall hold his office or employment on such other terms and conditions as the Institute may, with the consent of the Minister and the Minister for Finance, determine.

(4) The grades of the staff of the Institute, and the numbers of staff in each grade, shall be determined by the Institute with the consent of the Minister and the Minister for Finance.

(5) The terms and conditions relating to tenure of office which are granted by the Institute in relation to a member of the staff of the Institute who immediately before the establishment day was a member of the staff of the Board shall not, while he is in the service of the Institute, be less favourable to him than those prevailing immediately before the establishment day, save in accordance with a collective agreement negotiated with any recognised trade unions or staff associations concerned.

(6) Save in accordance with a collective agreement negotiated with any recognised trade unions or staff associations concerned, a member of the staff referred to in subsection (5) of this section shall not, while in the service of the Institute, receive a lesser scale of pay or be made subject to less beneficial terms and conditions of service (other than those relating to tenure of office) than the scale of pay to which he was entitled and the terms and conditions of service (other than those relating to tenure of office) to which he was subject immediately before the establishment day.

(7) Until such time as the scales of pay and the terms and conditions of service (other than those relating to tenure of office) of members of the staff referred to in subsection (5) of this section are varied by the Institute, following consultation with any recognised trade unions and staff associations concerned, the scales of pay to which they were entitled and the terms and conditions of service (other than those relating to tenure of office), 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 Institute or the Chief Executive Officer, as the case may be, while they are in the service of the Institute. No such variation shall operate to worsen the scales of pay or the terms or conditions of service aforesaid applicable to a member of such staff immediately before the establishment day, save in accordance with a collective agreement negotiated with any recognised trade unions or staff associations concerned.

(8) In relation to staff referred to in subsection (5) of this section, previous service in, or service reckonable for the purposes of any superannuation benefits payable by or on behalf of, the Board shall be reckonable for the purposes of, but subject to any other exceptions or exclusions in, the Redundancy Payments Acts, 1967 to 1984, the Holidays (Employees) Act, 1973 , the Minimum Notice and Terms of Employment Acts, 1973 and 1984, and the Unfair Dismissals Act, 1977 .

(9) The Institute may perform any of its functions through or by the Chief Executive Officer or any other member of its staff duly authorised by the Institute in that behalf.