Dublin Transport Authority Act 2008

110.

Transfer of employees of DTO and RPA.

110.— (1) ( a) Each person who, immediately before the dissolution day, was an employee of the DTO is, on that day, transferred to and becomes an employee of the Authority.

( b) The RPA may, with the consent of the Minister, designate for employment by the Authority any person employed by the RPA and whose principal duties relate to a function assigned or transferred to the Authority under this Act, or to be so assigned or transferred to the Authority.

( c) The RPA shall not designate an employee under this subsection, without having notified in writing the employee and any recognised trade union or staff association concerned, of its intention to do so and considered any representations made by him or her or by them or by any of them, in relation to the matter within such time as may be specified in the notification.

( d) The Authority shall accept into its employment a person designated under subsection (1)(b) for employment by it.

( e) Acceptance into the employment of the Authority of a person designated under this section shall have effect on such day or days as may be specified by the Minister after consultation with the Authority.

(2) Except in accordance with a collective agreement negotiated with a recognised trade union or association of employees, a person transferred under this section is entitled, while in the employment of the Authority, to terms and conditions of employment no less favourable than those to which the person was entitled immediately before the dissolution day.

(3) Until the terms and conditions of employment to which a person transferred under this section was entitled immediately before the dissolution day or such day or days as may be specified by the Minister under subsection (1)(e) are varied by the Authority after consulting and reaching a collective agreement with the recognised trade union or association of employees concerned, they continue to apply to that person while in the employment of the Authority.

(4) The previous service of a person transferred under this section is to be counted as service for the purposes of, but subject to any exceptions or exclusions in, the following Acts:

( a) the Redundancy Payments Acts 1967 to 2007,

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

( c) the Protection of Employees (Fixed-Term Work) Act 2003,

( d) the Organisation of Working Time Act 1997,

( e) the Terms of Employment (Information) Acts 1994 and 2001,

( f) the Minimum Notice and Terms of Employment Acts 1973 to 2005,

( g) the Unfair Dismissals Acts 1977 to 2007,

( h) the Maternity Protection Acts 1994 and 2004,

( i) the Parental Leave Acts 1998 and 2006,

( j) the Adoptive Leave Acts 1995 and 2005, and

( k) the Carer’s Leave Act 2001.

(5) In this section—

‘‘previous service’’ means service before the dissolution day with the DTO or, in the case of persons designated in accordance with subsection (1)(b) means service before such day or days as may be specified by the Minister under subsection (1)(e);

‘‘recognised trade union or association of employees’’ means a trade union or association of employees recognised by the Authority for the purposes of negotiations that are concerned with the terms and conditions of employment and the working conditions of employees;

‘‘terms and conditions of employment’’ includes terms and conditions in respect of tenure of office, remuneration and related matters.