Transport Act, 1964

Compensation for employees of Board or Óstlanna Iompair Éireann Teoranta in cases of dismissal or transfer.

9.—(1) In this section “the Company” means Óstlanna Iompair Éireann Teoranta.

(2) Whenever the Board or the Company, on or after the 1st day of April, 1964, either dispensed with or dispenses with the services of an officer or servant of the Board or the Company, as the case may be, or transferred or transfers him to another position in its service, as a direct consequence of the Board, on or after the 1st day of April, 1963, having ceased to provide or having permanently reduced any transport service by rail or inland waterway or having substituted diesel for steam traction or of the making of an order under section 9 of the Act of 1958 in relation to a specified level crossing, the provisions of this section shall have effect.

(3) This section applies only to a person who, being an officer or servant of the Board (including an officer or servant transferred or seconded under section 14 of the Great Northern Railway Act, 1958 ) or an officer or servant of the Company to whom the provisions of paragraphs (a) and (b) of subsection (1) of section 14 of the Transport Act, 1963 , apply was, at the date of his dismissal or transfer, employed in a permanent capacity or was, except for casual interruptions of employment, employed by the Board or the Company or partly by one and partly by the other during the whole of the preceding three years.

(4) If the Board or the Company dispenses with the services of a person referred to in subsection (3) of this section, he shall be paid by the Board or the Company, as the case may be, compensation calculated in accordance with the Second Schedule to the Act of 1958, and for the purpose of such calculation, in construing the said Second Schedule, that Schedule shall be deemed to contain the paragraph set out in subsection (3) of section 17 of the said Great Northern Railway Act, 1958 .

(5) If a person referred to in subsection (3) of this section is transferred to another position by the Board or the Company and thereby suffers a worsening of his conditions of service, within the meaning of section 37 of the Act of 1950, as an officer or servant of the Board or the Company, he shall be paid by the Board or the Company, as the case may be, compensation consisting of a lump sum of such amount as is reasonable.

(6) For the purpose of the calculation of any compensation payable to a person by the Company under subsection (4) of this section—

(a) the employment of the person with the Company shall be deemed to be employment with the Board, and

(b) the references in paragraph 4 (as amended by this Act) of the Fourth Schedule to the Act of 1950 to the Board shall be construed as references to the Company.

(7) Sections 41, 42 and 43 of the Act of 1950 (which sections relate to the determination of compensation under that Act) shall apply to compensation under this section and in the case of compensation payable by the Company the references in the said sections to the Board shall be construed as references to the Company.