Public Transport Regulation Act 2009

39.

Transfer of employees of Commission.

39.— (1) Each person who, immediately before the dissolution day, was serving as a Commissioner for Taxi Regulation following his or her appointment under section 14 of the Act of 2003 and each person appointed under section 18 of the Act of 2003 to be a member of the staff of the Commission is, on that day, transferred to and becomes an employee of 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 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) ( a) The provisions of section 21(7) and (8) of the Act of 2008 apply in relation to terms and conditions governing superannuation benefits granted under schemes made under section 21 of the Act of 2008 to persons transferred to the Authority under this section.

( b) The terms and conditions governing superannuation benefits granted to persons appointed under section 18 of the Act of 2003 to be members of the staff of the Commission shall not be less favourable than those to which the persons in question were entitled immediately before the dissolution day arising from a scheme prepared in accordance with section 24 of the Act of 2003, including such a scheme that is being implemented on an administrative basis, immediately before the dissolution day.

(6) In this section—

“previous service” means service before the dissolution day with the Commission, including previous reckonable service within the Civil and Public Service;

“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.