Dublin Institute of Technology Act, 1992

General provisions in relation to staff.

12.—(1) (a) The Institute may appoint such and so many persons to be its officers (in addition to the President and the Directors) and servants as, subject to the approval of the Minister given with the concurrence of the Minister for Finance, the Governing Body from time to time thinks proper.

(b) The selection of such officers and servants shall be a function of the Institute in accordance with the procedures which may be determined by the Minister from time to time.

(c) In the case of academic appointments such procedures shall provide that the selection board shall consist mainly of appropriately qualified academics and shall include the President or a Director of the Institute.

(2) Subject to section 13 of this Act, an officer (including the President and Directors) or servant of the Institute shall hold office or employment on such terms and conditions as the Institute, subject to the approval of the Minister given with the concurrence of the Minister for Finance, may from time to time determine. Such terms and conditions shall be exercised or imposed by the Institute or the President, as may be appropriate, while such officer or servant is in the service of the Institute.

(3) The Institute shall not remove any of its officers (including the President or a Director) from office without the consent of the Minister.

(4) The Institute, subject to the provisions of section 14 of this Act, may appoint suitable persons to research fellowships, research assistantships and other support posts in relation to the offering of services, on a temporary, part-time or contract basis, subject to such conditions as may be laid down by the Minister with the concurrence of the Minister for Finance.

(5) The Institute may perform such of its functions as the Governing Body may deem proper through or by any of its officers or servants.

(6) There shall, subject to section 13 of this Act, be paid by the Institute to officers (including the President and Directors) and servants of the Institute such remuneration and allowances as the Institute, subject to the approval of the Minister with the concurrence of the Minister for Finance, may from time to time determine.

(7) Officers and servants of the Institute under this section or under section 9 , 10 or 13 of this Act shall, for so long as they remain in an authorised post in the Institute, be members of the Institute and are in this Act referred to as “the members of the staff”.

(8) The Local Government (Superannuation) Act, 1980 , shall apply to the Institute and its officers and servants (including the President and the Directors) as if it were a vocational education committee and they were officers and servants of a vocational education committee but subject to any modifications (including modifications to any scheme or regulations made under the said Act of 1980) which may, with the consent of the Minister for the Environment, be specified in an order made by the Minister.

(9) The provisions of sections 105 , 106 and 107 of the Vocational Education Act, 1930 , and sections 7 and 8 of the Vocational Education (Amendment) Act, 1944 , shall apply to officers of the Institute with the substitution of references to the Institute, for references to the Vocational Education Committee.

(10) (a) Notwithstanding the provisions of subsection (5) of section 7 of the Vocational Education (Amendment) Act, 1944 , whenever an officer of the Institute is suspended under this Act the Institute may, if the Governing Body thinks fit, make with the consent of the Minister payments ex-gratia to the suspended officer in lieu of the remuneration which, but for that suspension, would have been payable to that officer.

(b) Any sum paid under this subsection shall be repayable by the officer to the Institute and may be deducted from any moneys payable by the Institute to that officer.

(c) Any sum so paid shall not be reckoned as salary or emolument for the purposes of the Local Government (Superannuation) Act, 1980 .