An Bord Bia (Amendment) Act 2004

Transfer of staff.

4.—(1) Every person who is, on the day immediately before the transfer day, a member of the staff of An Bord Glas shall, on the transfer day, be transferred to and become a member of the staff of the Board.

(2) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, a person referred to in subsection (1) shall not, while in the service of the Board, be brought to less beneficial conditions of service (including conditions in relation to tenure of office) or of remuneration than the conditions of service (including conditions in relation to tenure of office) or remuneration to which he or she was subject immediately before the transfer day.

(3) In relation to persons transferred to the Board pursuant to subsection (1), previous service with An Bord Glas shall be reckonable for the purposes of, but subject to any exceptions or exclusions in:

(a) the Redundancy Payments Acts 1967 to 2003,

(b) the Protection of Employees (Part-Time Work) Act 2001 ,

(c) the Organisation of Working Time Act 1997 ,

(d) the Minimum Notice and Terms of Employment Acts 1973 to 2001,

(e) the Unfair Dismissals Acts 1977 to 2001,

(f) the Carer's Leave Act 2001 , and

(g) the Parental Leave Act 1998 .

(4) Any superannuation benefits awarded to or in respect of a person to whom subsection (1) applies and the terms and conditions relating to those benefits shall not be less favourable than those applicable immediately before the transfer day.

(5) In this section “recognised trade union or staff association” means a trade union or staff association recognised by the Board for the purposes of negotiations which are concerned with the remuneration or conditions of employment, or the working conditions of employees.