Courts Service Act, 1998

Terms and conditions of transferred staff.

25.—(1) Except in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, a person who is transferred by subsection (1) or (2) of section 24 to the staff of the Service shall not, while in the service of the Service, 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 or she was entitled and the terms and conditions of service to which he or she was subject immediately before the transfer of that person.

(2) Until such time as the scale of pay and the terms and conditions of service of a person transferred by subsection (1) or (2) of section 24 to the staff of the Service are varied by the Service, with the agreement of the Minister and the Minister for Finance, following consultation with any recognised trade union or staff association concerned, the scale of pay to which he or she was entitled and the terms and conditions of service, restrictions, requirements and obligations to which he or she was subject immediately before the transfer of that person shall continue to apply to him or her and may be applied or imposed by the Service while he or she is a member of the staff of the Service, and no such variation shall operate to worsen that scale of pay or those terms or conditions of service applicable to such person immediately before the transfer of that person, except in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned.