Section 30: Transitional provisions

30. Transitional provisions (1) In this section, “organisation” means the Department of Textile Technology of the University of Mauritius, the School of Design of the Industrial and Vocational Training Board or the Textile and Apparel Development Centre of Enterprise Mauritius. (2) Notwithstanding any other enactment, every employee of an organisation shall be dealt with in accordance with this section. (3) Subject to subsection (7), every person who, at the commencement of this Act, is employed on the permanent and pensionable establishment of an organisation shall be entitled to be transferred to the permanent and pensionable establishment of the Institute on terms and conditions which shall be not less favourable than those of his previous employment in the organisation. F4A – 11 [Issue 7] Fashion and Design Institute Act (4) The period of service of every employee on the permanent and pensionable establishment of an organisation, who is transferred to the Institute under subsection (3), shall be deemed to be an unbroken period of service with the Institute. (5) No employee on the permanent and pensionable establishment of an organisation shall, on account of his transfer to the Institute or any resulting change in his job title, be entitled to claim that his employment has been terminated or adversely affected in breach of any enactment. (6) Any employee on the permanent and pensionable establishment of an organisation who does not accept to be transferred to the Institute may— (a) at his request, be redeployed, so far as is practicable, to a statutory body, where vacancies in similar positions are available; or (b) opt for retirement on the ground of abolition of office and be paid his pension benefits in accordance with the Statutory Bodies Pension Funds Act and regulations made thereunder. (7) Any employee on the permanent and pensionable establishment of an organisation, against whom disciplinary proceedings are pending at the commencement of this Act, shall not be transferred to the Institute. (8) Any disciplinary inquiry, investigation or proceedings, pending or in process at the commencement of this Act, against any employee on the permanent and pensionable establishment of an organisation shall be taken up, continued or completed by the organisation. (9) Notwithstanding any other enactment but subject to subsection (10), the contract of every employee of an organisation employed on a fixed term performance contract shall be terminated in accordance with the terms and conditions of such contract. (10) Every employee referred to in subsection (9) shall be entitled to be employed by the Institute on a fixed term performance contract and on terms and conditions which shall be not less favourable than those of his previous employment in the organisation. (11) Subject to subsection (12), the assets of every organisation shall, at the commencement of this Act, vest in the Institute. (12) Subsection (11) shall be given effect to by an instrument drawn up and signed by the representatives of the University of Mauritius, Mauritius Institute of Training and Development or Enterprise Mauritius and the Institute, as the case may be. (S. 30 came into operation on 15 September 2009.) 31. — [Issue 7] F4A – 12 Revised Laws of Mauritius 31. — F4A – 13 [Issue 2]