Health (Eastern Regional Health Authority) Act, 1999

Transfer of staff of Eastern Health Board to Authority.

20.—(1) Every person who immediately before the establishment day is a member of the staff of the Eastern Health Board shall, on that day, be transferred to and become a member of the staff of the Authority.

(2) Save in accordance with a collective agreement negotiated with any recognised trade unions or staff associations concerned, a person referred to in subsection (1) shall not, while in the service of the Authority, receive a lesser scale of pay or be made subject to less beneficial terms and conditions of service (including those relating to tenure of office) than the scale of pay to which he or she was entitled and the terms and conditions of service (including conditions relating to tenure of office) to which he or she was subject immediately before the establishment day.

(3) Every contract of service, express or implied, which is in force immediately before the establishment day between the Eastern Health Board and any person to whom subsection (1) applies shall continue in force on and after the establishment day, but shall be construed and have effect as if the Authority were substituted therein for the Eastern Health Board and every such contract shall be enforceable by or against the Authority accordingly.

(4) A person transferred to the staff of the Authority under this section or appointed as an officer or servant of the Authority in accordance with section 14(1) of the Principal Act, may be assigned from time to time by the Authority to an Area Health Board.

(5) Every person assigned under subsection (4) shall continue to be an officer or servant of the Authority, as the case may be, but shall, while so assigned, be subject to the directions of the area chief executive of the Area Health Board to which he or she is assigned, subject to such arrangements as may be made between the Regional Chief Executive and that area chief executive.

(6) For the purposes of any enactment relating to superannuation, the office of an officer who on the establishment day was an officer of the Eastern Health Board shall be deemed not to have been abolished.