National Disability Authority Act, 1999

Appointment as staff of Authority of certain staff of Board.

36.—(1) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, any person appointed under section 27 (1) who immediately before that appointment was serving as an officer or servant of the Board shall not, while in the employ of the Authority, 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 that person was entitled and the terms and conditions of service to which he or she was subject immediately before such appointment.

(2) Until such time as the scale of pay and conditions of service of a person, appointed under section 27 (1) and who immediately before such appointment had been serving as an officer or servant of the Board, are varied by the Authority following consultation and after agreement with recognised trade unions or staff associations concerned, the scale of pay to which that person was entitled and the terms and conditions to which he or she was subject immediately before his or her appointment, shall continue to apply to that person and may be applied or imposed by the Authority or its Director while that person remains a member of staff.

(3) In this section “recognised trade union or staff association” means a trade union and staff association recognised by the Authority for the purpose of negotiations which are concerned with the renumeration, conditions of employment or working conditions of members of the staff, including the Director, of the Authority and employees of the Authority.