Agriculture (Research, Training and Advice) Act, 1988

Staff of Teagasc and subsidiaries.

8.—(1) (a) Teagasc may appoint such number of persons to be members of the staff of Teagasc as it may determine with the consent of the Minister and the Minister for Finance.

(b) The board of a subsidiary may appoint such number of persons to be members of the staff of the subsidiary as it may determine with the consent of the Minister and the Minister for Finance.

(2) (a) A member of the staff of Teagasc (other than the Director) or of the staff of a subsidiary shall be paid, out of the moneys at the disposal of Teagasc or the subsidiary, as the case may be, such remuneration and allowances for expenses incurred by him as Teagasc, or the subsidiary, as the case may be, may with the consent of the Minister and the Minister for Finance, determine.

(b) A member of the staff of Teagasc referred to in paragraph (a) or of the staff of a subsidiary shall hold his office or employment on such other terms and conditions as Teagasc or, as the case may be, the subsidiary, may with the consent of the Minister and the Minister for Finance, determine.

(3) The grades of the staffs of Teagasc and a subsidiary, and the numbers of staff in each grade, shall be determined by Teagasc or, as the case may be, the subsidiary with the consent of the Minister and the Minister for Finance.

(4) Every person who immediately before the establishment day is a member of the staff of the Institute or An Chomhairle shall, on that day, be transferred to, and become a member of the staff of, Teagasc.

(5) The terms and conditions relating to tenure of office which are granted by Teagasc in relation to a member of the staff of Teagasc who is transferred by subsection (4) to its staff from the Institute or An Chomhairle shall not, while he is in the service of Teagasc, be less favourable to him than those prevailing immediately before the establishment day in the Institute or An Chomhairle, as may be appropriate, save in accordance with a collective agreement negotiated with any recognised trade unions or staff associations concerned.

(6) Save in accordance with a collective agreement negotiated with any recognised trade unions or staff associations concerned, a member of the staff of the Institute or An Chomhairle who is transferred by subsection (4) to the staff of Teagasc shall not, while in the service of Teagasc, receive a lesser scale of pay or be made subject to less beneficial terms and conditions of service (other than those relating to tenure of office) than the scale of pay to which he was entitled and the terms and conditions of service (other than those relating to tenure of office) to which he was subject immediately before the establishment day.

(7) Until such time as the scales of pay and the terms and conditions of service (other than those relating to tenure of office) of staff so transferred are varied by Teagasc, following consultation with any recognised trade unions and staff associations concerned, the scales of pay to which they were entitled and the terms and conditions of service (other than those relating to tenure of office), restrictions, requirements and obligations to which they were subject immediately before their transfer shall continue to apply to them and may be applied or imposed by Teagasc or the Director, as the case may be, while they are in the service of Teagasc. 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 unions or staff associations concerned.

(8) In relation to staff transferred by subsection (4) to the staff of Teagasc, previous service in, or service reckonable for the purposes of any superannuation benefits payable by or on behalf of, the Institute or An Chomhairle 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 .

(9) Teagasc may perform any of its functions through or by the Director or any other member of its staff duly authorised by Teagasc in that behalf.