PUBLIC SERVANTS (CONTINUITY OF SERVICE) ACT, 1938

AN ACT TO MAKE PROVISION FOR THE CONTINUITY, NOTWITHSTANDING THE COMING INTO OPERATION OF THE CONSTITUTION, OF THE SERVICE OF PUBLIC SERVANTS, AND FOR THE CONTINUITY, NOTWITHSTANDING AS AFORESAID, OF THE CONDITIONS OF EMPLOYMENT OF THOSE PUBLIC SERVANTS WHO ARE TRANSFERRED OFFICERS, AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [23rd November, 1938.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1 Definitions.

1.—In this Act—

the expression “public servant” includes every person who, immediately before the coming into operation of the Constitution, was in a service (whether civil, military, police, or otherwise) which, on the coming into operation of the Constitution, became by virtue of the Constitution a service of the Government or of the State;

the expressions “the Board” and “transferred officer” have the same meanings as they respectively have in the Civil Service (Transferred Officers) Compensation Act, 1929 (No. 36 of 1929).

2 Discharge by virtue of the coming into operation of the Constitution.

2.—If and in so far as the coming into operation of the Constitution effected a discharge of any public servant from the service of Saorstát Eireann or of the Government thereof, the following provisions shall apply and have effect, that is to say:—

• (a) every public servant who was discharged from the service of Saorstát Eireann or of the Government thereof by the coming into operation of the Constitution shall be deemed for all purposes to have been appointed, immediately upon the coming into operation of the Constitution, to a position or employment in the service of the State or of the Government identical in all respects with his position or employment, immediately before the coming into operation of the Constitution, in the service from which he was so discharged;

• (b) every such appointment of a public servant shall be, and be deemed always to have been, an appointment on the same terms and conditions (including conditions as to remuneration) and by the same tenure as were applicable, immediately before his said discharge, to his position or employment in the service from which he was so discharged;

• (c) every public servant who was so discharged as aforesaid shall be entitled to reckon for all purposes any period of service expiring on his said discharge and any period of service beginning on his said appointment as one continuous period of service;

• (d) in the case of any public servant who is a transferred officer (other than a transferred officer to whom this Act is expressed not to apply) and was so discharged as aforesaid, his said discharge shall not be or ever have been such discharge as would be a ground for an award of compensation by the Board.

3 Effect of the Constitution on conditions of employment of transferred officers.

3.—If and in so far as the coming into operation of the Constitution effected a change in the conditions of employment of any public servant who is a transferred officer, whichever of the following provisions is applicable shall apply and have effect, that is to say:—

• (a) such change shall not be or ever have been a change whereby the position of such officer was materially altered to his detriment within the meaning of sub-section (2) of section 14 of the Civil Service (Transferred Officers) Compensation Act, 1929 (No. 36 of 1929);

• (b) such change shall not be or ever have been a change whereby the position of such officer in any particular grade or situation was materially altered to his detriment within the meaning of sub-section (3) of the said section 14.

4 Application to this Act of section 14 of the Civil Service (Transferred Officers) Compensation Act, 1929.

4.—This Act shall not be construed as effecting, in the conditions of employment of any public servant who is a transferred officer, any such change as is mentioned in section 14 of the Civil Service (Transferred Officers) Compensation Act, 1929 (No. 36 of 1929).

5 Saving for certain transferred officers.

5.—(1) Nothing in this Act shall apply to or affect any transferred officer who made, in writing on or before the 31st day of October, 1938, a claim for compensation in consequence of the coming into operation of the Constitution.

• (2) Every claim duly made in writing under the Civil Service (Transferred Officers) Compensation Act, 1929 (No. 36 of 1929), on or before the 31st day of October, 1938, by a transferred officer for compensation in consequence of the coming into operation of the Constitution shall be referred to and heard and determined by the Board in accordance with the said Act.

• (3) Every question or dispute as to whether any such claim as is referred to in the foregoing sub-sections of this section was or was not made on or before the 31st day of October, 1938, shall be decided by the Board and the decision of the Board thereon shall be final.

6 Short title.

6.—This Act may be cited as the Public Servants (Continuity of Service) Act, 1938.