Industrial Development (Forfás Dissolution) Act 2014

Transfer of seconded staff to IDA

9. (1)(a) Subject to paragraph (b), every person seconded from Forfás under paragraph 2(2) of the Second Schedule to the Act of 1993 to IDA who is on secondment to IDA immediately before the coming into operation of this section shall, on that coming into operation, become and be a member of staff of IDA.

(b) Every person who is—

(i) a fixed term employee of Forfás,

(ii) seconded from Forfás under paragraph 2(2) of the Second Schedule to the Act of 1993 to IDA, and

(iii) on secondment to IDA immediately before the coming into operation of this section,

shall, on that coming into operation, become and be a fixed-term employee of IDA for the duration of his or her contract.

(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 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 the coming into operation of this section.

(3) In relation to 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;

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

(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 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(4) Section 37 of the Act of 1998 is repealed.