Public Health (Tobacco) (Amendment) Act 2010
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Transfer of members of staff of Office. |
9.— (1) Every person who, immediately before the commencement of this Act, is a member of staff of the Office shall, on that commencement, be transferred to and become an employee of the Executive. | |
(2) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, a person referred to in subsection (1) shall not, on the commencement of this Act, be made subject to less beneficial terms and conditions of service (including those relating to tenure of office) or of remuneration than the terms and conditions of service (including those relating to tenure of office) or of remuneration to which he or she was subject immediately before that commencement. | ||
(3) The previous service of a person transferred under subsection (1) shall be reckonable for the purposes of, but subject to the exceptions or exclusions in, the following: | ||
(a) the Redundancy Payments Acts 1967 to 2007; | ||
(c) the Protection of Employees (Fixed-Term Work) Act 2003 ; | ||
(d) the Organisation of Working Time Act 1997 ; | ||
(e) the Terms of Employment (Information) Acts 1994 and 2001; | ||
(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) (a) Any superannuation benefits awarded to or in respect of a person transferred under subsection (1), and the terms and conditions relating to those benefits, shall be no less favourable than those applicable to or in respect of the person immediately before the commencement of this Act; | ||
(b) For the purposes of the superannuation benefits and the terms and conditions relating to those benefits referred to in paragraph (a) a person transferred under subsection (1) shall, on the commencement of this Act, be deemed to be a member of the Scheme and any previous service of that person as a member of staff of the Office, and in respect of which contributions have been made, shall be reckonable for the purposes of calculating such superannuation benefits. | ||
(5) (a) The pension payments and other superannuation liabilities of the Office in respect of its former members of staff shall, on the commencement of this Act, become the liabilities of the Executive. | ||
(b) For the purposes of the pension payments and superannuation liabilities referred to in paragraph (a) any previous service of a former member of staff of the Office as such a member, and in respect of which contributions have been made, shall be reckonable for the purposes of calculating such payments and liabilities, and the terms of the Scheme may be applied when calculating such payments and liabilities in respect of the person. | ||
(6) A person referred to in subsection (1) shall be subject to and employed in accordance with the Health Acts 1947 to 2009. | ||
(7) In this section— | ||
“recognised trade union or staff association” means a trade union or staff association recognised by the Executive for the purposes of negotiations which are concerned with the remuneration, conditions of employment or working conditions of the persons concerned; | ||
“Scheme” shall be construed in accordance with section 23 of the Health Act 2004 . |