Marine Institute Act, 1991
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Staff of Institute. |
8.—(1) The Institute shall accept into its employment with effect from the establishment day in accordance with the terms of this Act every person who is a member of the staff of the Department of the Marine immediately before the establishment day or becomes a member of the said staff after the establishment day and is designated, whether before or after the establishment day, by the Minister for employment by the Institute. | |
(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 Institute may at any time for stated reasons remove any member of the staff of the Institute from being a member of its staff. | ||
(5) 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. | ||
(6) The terms and conditions relating to tenure of office which are granted by the Institute in relation to any one who has been transferred by the Minister to the Institute shall not, while he is in the service of the Institute, be less favourable to him than those prevailing for the time being in the civil service; any alteration in regard to tenure of office of any such member shall not be less favourable than the prevailing conditions in the civil service at the time of such alteration save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned and if a dispute arises between the Institute and any such member as to conditions prevailing in the civil service, the matter shall be determined by the Minister for Finance after consultations with the Minister. | ||
(7) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, a member of the staff of the Department of the Marine who has been transferred by the Minister to the staff of the Institute 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 than the scale of pay to which he was entitled and the terms and conditions of service to which he was subject immediately before the establishment day. | ||
(8) Until such time as the scales of pay and the terms and conditions of service of staff transferred (by the Minister to the Institute) are varied by the Institute, following consultation with recognised trade unions and staff associations concerned, the scales of pay to which they were entitled and the terms and conditions of service, restrictions, requirements and obligations to which they were subject immediately before their transfer shall continue to apply to them and may be exercised 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 union or staff association concerned. | ||
(9) In relation to any staff transferred by the Minister to the Institute previous service in the civil service 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 . | ||
(10) 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. |