PART VI.

Staff of the Board.

35. —(1) The Board shall appoint a general manager and a secretary and such other officers and servants as the Board may determine, and their remuneration shall be paid by the Board out of funds at its disposal.

(2) (a) Save as is hereinafter provided in this subsection, entry to the clerical grades of the service of the Board shall be by means of open competitive examination in accordance with rules made by the Board.

(b) Irish shall be a compulsory subject at every open competitive examination held in pursuance of this subsection.

(c) Every open competitive examination held in pursuance of this subsection shall be open to all persons who are ordinarily resident within the national territory or who are Irish citizens or the children of Irish citizens and who pay the fees and possess the qualifications as to age, health and character prescribed by the rules relating to the examination.

(d) The Board may by special rules provide that such proportion as may be approved by the Minister of the vacancies in the clerical grades of its service shall be filled by means of limited competitive examinations, and where an examination is so limited only persons in or who have been in the employment of a dissolved company within the meaning of the Act of 1944, a dissolved undertaker, the Board, or any other transport undertaker whose undertaking has been acquired by the Board under this Act or the children of such persons shall be admitted thereto.

(e) Any regulations or special regulations, which were made by Córas Iompair Éireann (1945) under section 47 of the Act of 1944 or deemed, by virtue of subsection (5) of the said section 47, to have been made by Córas Iompair Éireann (1945) under the said section 47 and which were in force immediately before the establishment date, shall continue in force and apply to the Board and be deemed to be rules made by the Board under this subsection.

36. —Every person who immediately before the establishment date was an officer or servant of either dissolved undertaker shall as from the establishment date be transferred to and become an officer or servant of the Board.

37. —For the purposes of sections 38, 39 and 40—

(a) an officer or servant of the Board, shall be deemed to suffer a worsening of his conditions of service as an officer or servant of the Board if, by reason of the transfer effected by section 36 or, in case he is transferred, without his consent, by the Board from one position to another in its service, by reason thereof he suffers any direct pecuniary loss or is in a worse position in respect of the conditions of his service as a whole (including tenure of office or employment, remuneration, gratuities, superannuation, sick fund or other benefits or allowances, whether obtaining legally or by customary practice and whether applicable to himself or his widow or children or other dependants) as compared with those obtaining in respect of him before the transfer;

(b) an officer or servant of the Board who is transferred by the Board from one position in its service to another, shall be deemed to suffer a worsening of his conditions of service as an officer or servant of the Board if he is required by the Board to perform in the position to which he is so transferred duties which are not analogous to or are an unreasonable addition to those which before the transfer he was required to perform in the position from which he was so transferred.

38. —(1) In this section—

the expression “person to whom this section applies” means a person—

(a) who becomes, by virtue of section 36 an officer or servant of the Board, and

(b) who either—

(i) was, immediately before the establishment date, employed by either dissolved undertaker in a permanent capacity, or

(ii) had, except for casual interruptions of employment caused by emergency conditions, been employed by either dissolved undertaker during the whole of the three years ending on the day immediately preceding the establishment date;

the word “redundancy” means redundancy existing immediately before the establishment date or resulting from the transfer effected by Chapter I of Part IV .

(2) The services of a person to whom this section applies shall not be dispensed with by the Board on the ground of redundancy.

(3) Where a person to whom this section applies suffers a worsening of his conditions of service by reason of:—

(a) the transfer effected by section 36, or

(b) his transfer, on the grounds of redundancy, from one position in the service of the Board to another,

he shall be paid by the Board compensation consisting of a lump sum of such amount as is reasonable.

(4) Where the Board is unable to offer to a person (being a person to whom this section applies and whose retention in its service is unnecessary on the ground of redundancy) suitable alternative employment in its service, then, notwithstanding anything contained in this section, his services may be dispensed with by the Board and, in that case, he shall be paid by the Board compensation calculated in the manner set out in the Fourth Schedule to this Act.

39. —Whenever the Board under section 55 ceases to provide a service of trains and as a consequence thereof the retention of any officer or servant of the Board (being an officer or servant who was employed in a permanent capacity at the date of cesser or who had served continuously with the Board or either dissolved undertaker for a period of not less than three years ending on that date) in the position which he held before such cesser becomes unnecessary, the following provisions shall have effect—

(1) if the Board dispenses with his services, he shall be paid by the Board compensation calculated in the manner set out in the Fourth Schedule to this Act,

(2) if—

(a) the Board transfers him to another position in its service, and

(b) he thereby suffers a worsening of his conditions of service as an officer or servant of the Board,

he shall be paid by the Board compensation consisting of a lump sum of such amount as is reasonable.

40. —Whenever the Board ceases to provide or permanently reduces any services for the carriage of merchandise by inland waterway, and as a consequence thereof the retention of any officer or servant of the Board (being an officer or servant who was employed in a permanent capacity at the date of cesser or reduction or who had served continuously with the Board or either dissolved undertaker for a period of not less than three years ending on that date) in the position which he held before such cesser or reduction becomes unnecessary, the following provisions shall have effect:—

(1) if the Board dispenses with his services, he shall be paid by the Board compensation calculated in the manner set out in the Fourth Schedule to this Act.

(2) if—

(a) the Board transfers him to another position in its service, and

(b) he thereby suffers a worsening of his conditions of service as an officer or servant of the Board,

he shall be paid by the Board compensation consisting of a lump sum of such amount as is reasonable.

41. —If any dispute or difference arises between the Board and any person entitled to or claiming to be entitled to compensation under section 38, 39 or 40 as to whether he is or is not entitled to such compensation or as to the amount or method of calculation of such compensation or as to any matter arising under the Fourth Schedule to this Act, such dispute or difference shall, on the application of the Board or such person, be referred to the standing arbitrator appointed under section 43, and the decision of the standing arbitrator shall be final.

42. —Any person who is in receipt of an annual sum by way of compensation under section 38, 39 or 40 may, within one year from the date on which the annual sum is fixed, apply to the Board to commute not more than one-fourth of the annual sum by the payment of a capital sum, and thereupon the following provisions shall have effect—

(a) the Board shall not unreasonably refuse the application;

(b) if the Board refuses the application the applicant may, within one month after the Board has notified the applicant of such refusal, appeal to the standing arbitrator, who shall hear and determine the appeal, and the decision of the standing arbitrator shall be final;

(c) where the Board grants the application or, on the refusal of the application by the Board, the standing arbitrator, on appeal, decides it should be granted—

(i) the Board shall, after the capital sum to be paid by way of commutation has been calculated, inform the applicant of the amount thereof and the applicant may, within one month after being so informed, withdraw his application,

(ii) if the applicant does not so withdraw his application, the Board shall pay to the applicant the said capital sum by way of commutation of the said part of the said annual sum;

(d) the said capital sum to be paid by way of commutation shall be such sum as would, on the date of the application, purchase, from such assurance company (being an assurance company licensed under the Insurance Act, 1936 (No. 45 of 1936)) as the Board may select, an immediate life annuity payable to the applicant equal to the annual amount of the said part of the said annual sum, the applicant's age for this purpose being reckoned at the age he will attain on his birthday next following the date of the application.

43. —(1) The Chief Justice, whenever so requested by the Minister, shall appoint a person to be standing arbitrator for the purposes of sections 41 and 42, and shall fix the fees to be paid to that person in respect of any dispute or difference referred to him under section 41 or any appeal to him under section 42.

(2) The fees payable to the standing arbitrator shall be paid by the Board.

(3) The standing arbitrator—

(a) may administer oaths,

(b) may in his discretion award costs, direct to and by whom and in what manner those costs or any part thereof shall be paid, measure the amount of those costs and require security for costs to be given to his satisfaction by any party at any stage of the proceedings before him,

(c) may do all or any of the following things—

(i) summon witnesses to attend before him,

(ii) examine on oath any witness attending before him,

(iii) require any such witness to produce any document in his power, procurement or control which the arbitrator considers necessary,

(d) may at any time correct any clerical mistake or error in an award arising from any accidental slip or omission,

(e) may, at the request of either party to proceedings before him, hear the proceedings in open court.

(4) A witness before the standing arbitrator shall be entitled to the same immunities and privileges as if he were a witness before the High Court.

(5) If any person—

(a) on being duly summoned as a witness before the standing arbitrator makes default in attending, or

(b) being in attendance as a witness refuses to take an oath legally required by the standing arbitrator to be taken, or to produce any document in his power, procurement or control legally required by the standing arbitrator to be produced by him, or to answer any question to which the standing arbitrator may legally require an answer,

such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds.

(6) (a) The decision of the standing arbitrator on any question of fact shall be final, but the standing arbitrator may state, at any stage of the proceedings, in the form of a special case for the opinion of the High Court, any question of law arising in the course of the proceedings and may state his award as to the whole or part thereof in the form of a special case for the opinion of the High Court.

(b) The following provisions shall apply in relation to any special case stated for the opinion of the High Court under paragraph (a) of this subsection—

(i) the Board shall pay the costs of all parties thereto,

(ii) the decision of the High Court shall not be subject to appeal.

44. —(1) The Board may prepare and submit to the Minister and shall, if so required by the Minister, submit to the Minister within such time as he may direct, a scheme (in this section referred to as a superannuation scheme) for establishing on a contributory basis a superannuation fund for the benefit of the employees or any particular class of the employees of the Board.

(2) Where a superannuation scheme is submitted to the Minister under subsection (1) of this section, the Minister may refer the scheme back to the Board for reconsideration and resubmission and the Board shall reconsider and resubmit the scheme.

(3) Where a superannuation scheme is submitted or resubmitted to the Minister under this section—

(a) the Board shall publish in such manner as the Minister may direct a notice intimating that the scheme has been so submitted or resubmitted to the Minister and that any person may, during a specified period (not less than twenty-eight days from such publication), make to the Minister objections and representations in relation to the scheme,

(b) the Board shall, during the said period, keep at its head office a copy of the scheme open for inspection by any interested persons at all reasonable hours,

(c) the Minister shall before confirming the scheme consider any objections or representations in relation to it which have been made to him before the expiration of the said period.

(4) The Minister may, subject to paragraph (c) of subsection (3) of this section and after consultation with the Minister for Finance, by order confirm, either without modification or with such modifications (whether by way of addition, omission or variation) as the Minister thinks proper, a superannuation scheme submitted or resubmitted to him under this section.

(5) The Board may whenever it thinks proper prepare and submit to the Minister a scheme (in this section referred to as an amending superannuation scheme) amending (whether by addition, omission or variation) a superannuation scheme confirmed by the Minister or amending (whether by addition, omission or variation) or revoking an amending superannuation scheme for the time being in force, and the provisions of subsections (2), (3) and (4) of this section shall apply and have effect in relation to every amending superannuation scheme.

(6) No superannuation scheme or amending superannuation scheme shall become operative unless and until it has been confirmed by order of the Minister, but, upon being so confirmed, shall come into operation on the date specified in that behalf in the order of the Minister confirming it and shall as on and from that date have the force of law in the form in which it was so confirmed

(7) A fund set up for the purposes of a superannuation scheme shall be deemed to be set up under an irrevocable trust.

(8) Every superannuation scheme and amending superannuation scheme confirmed by the Minister under section 44 of the Act of 1944 shall be deemed to be a superannuation scheme or an amending superannuation scheme confirmed under this section.

45. —(1) In this section—

the expression “superannuation scheme” means any superannuation, pension, provident widows' and orphans' or other benefit fund or scheme,

the expression “existing superannuation scheme” means a superannuation scheme, in existence immediately before the establishment date, being—

(a) a superannuation scheme established by an absorbed company or an amalgamated company, within the meaning of the Railways Act, 1924 (No. 29 of 1924), or

(b) a superannuation scheme established by a dissolved company, within the meaning of the Act of 1944, or

(c) a superannuation scheme established under section 44 of the Act of 1944, or

(d) the Córas Iompair Éireann, Salaried Officers' and Clerks' (G.S.R.) Superannuation Scheme (being the superannuation scheme confirmed by the Great Southern Railways Company (Superannuation Scheme) Act, 1947 (No. 21 of 1947)).

(2) Subject to the provisions of this section, every existing superannuation scheme and the management thereof shall, on and after the establishment date, continue as if Córas Iompair Éireann (1945) had not been dissolved by this Act.

(3) For the purposes of any statutory enactment and of rules and regulations relating to any existing superannuation scheme, the following provisions shall, on and after the establishment date, have effect, that is to say:—

(a) any power of Córas Iompair Éireann (1945) or the directors or any officer thereof in relation to the said scheme may be exercised by the Board or any officer of the Board authorised by the Board in that behalf,

(b) the service or employment or dismissal under or by the Board of any officer or servant of Córas Iompair Éireann (1945) who is transferred, by virtue of this Act, to the Board shall be deemed to be service or employment or dismissal under or by Córas Iompair Éireann (1945),

(c) where under the rules of the said scheme the directors of Córas Iompair Éireann (1945) are empowered to appoint officers and servants to any managing committee, the Board in exercising those powers shall appoint officers or servants of the Board who are members of the said scheme or who, but for the dissolution of Córas Iompair Éireann (1945) effected by this Act, would have been eligible for appointment to such managing committee.

(4) The obligations, whether obtaining legally or by customary practice, of Córas Iompair Éireann (1945) in respect of any existing superannuation scheme and in respect of every member of the said existing superannuation scheme shall be binding on the Board.

(5) All persons who are or have been members of any existing superannuation scheme and all persons claiming in right of any such members, shall be entitled to the same benefits, rights and privileges and subject to the same obligations, whether obtaining legally or by customary practice, as such persons would have been or might have become entitled or subject to, if Córas Iompair Éireann (1945) had not been dissolved by this Act.

(6) Any person who—

(a) is in the service of Córas Iompair Éireann (1945) immediately before the establishment date, and

(b) is not a member of any existing superannuation scheme,

shall, so long as he remains in the service of the Board, have the same right (if any) to become a member of any such scheme as he would have had if Córas Iompair Éireann (1945) had not been dissolved by this Act and if he had remained in the service of Córas Iompair Éireann (1945).

(7) Nothing in this section shall be construed as preventing the Board from amending an existing superannuation scheme in accordance with a power in that behalf contained therein.

(8) An existing superannuation scheme shall be deemed to have been set up under an irrevocable trust.

46. —The references in section 55 of the Railways Act, 1924 (No. 29 of 1924) and in sections 10 and 16 of the Railways Act, 1933 (No. 9 of 1933) to a railway company shall be construed as including references to the Board.