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Luas Strikes: Does the state have ground to terminate contract with Transdev?

bazlad

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At this stage, does the state have grounds to terminate the contract with Transdev for non performance, and re-tender?
Surely the state cant allow the current situation to continue indefinitely, where a company is unable to provide the service.
 


Betson

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At this stage, does the state have grounds to terminate the contract with Transdev for non performance, and re-tender?
Surely the state cant allow the current situation to continue indefinitely, where a company is unable to provide the service.
How long would that take , can Dublin afford for the Luas to be out of action for the whatever months it takes to re-tender?
 

wombat

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The lawyers would have a nice earner debating this for several years.
 

Analyzer

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Why can't public services in this country just "work" ?

The latest nonsense shows that unions on this country will put the people last, every opportunity they get.
 
Last edited:

Dubstudent

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can Dublin afford for the Luas to be out of action for the whatever months it takes to re-tender?
Yeah. The Luas is fairly unimportant in the grand scheme of things. According to Transport for Ireland just 5% of Dubliners used the Luas to get to work in the morning (2012 figures).

It was a highly expensive over budget vanity project. Quintessentially ''Irish'' in that respect.

It also provides yet another example of the private sector making a major **** up of providing a simple public service.
 

GDPR

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Yeah. The Luas is fairly unimportant in the grand scheme of things. According to Transport for Ireland just 5% of Dubliners used the Luas to get to work in the morning (2012 figures).

It was a highly expensive over budget vanity project. Quintessentially ''Irish'' in that respect.

It also provides yet another example of the private sector making a major **** up of providing a simple public service.
It's vote getting, s3xy if you will. The figures for Luas capacity are paltry compared to what's need, like the underground scheme that's put off til god only knows when.
 

drummed

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At this stage, does the state have grounds to terminate the contract with Transdev for non performance, and re-tender?
Surely the state cant allow the current situation to continue indefinitely, where a company is unable to provide the service.
I'd fear we would be crushed in the stampede of new arrivals who want to get involved. Better not risk it maybe?
 

bazlad

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How long would that take , can Dublin afford for the Luas to be out of action for the whatever months it takes to re-tender?
I don't imagine it could be done immediately, im sure there would have to be a notice period.
 

drummed

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We could suspend it for 9 months, form a panel of international experts to complete a report for a Dail committee to spend a few years discussing before reaching the usual non-conclusion and then ignoring the whole matter while hoping everybody has forgotten what the original problem was?

That's the normal routine.
 

wombat

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If the state cancels the contract, what happens to the employees?
 

Hibee

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If the contract is cancelled say will the drivers have TUPA ??? Surely another contract could not be even tendered for with this overhang ??

Are there any precedents in Europe ???
 

SPN

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It also provides yet another example of the private sector making a major **** up of providing a simple public service.
In what way has the private sector made a **** up?

They tendered to provide a service based on the cost base they had contracted with their suppliers and staff.

Then the staff got greedy.

What would you be saying if CIE had won the tender and it's staff had pulled the plug like this?



If the state cancels the contract, what happens to the employees?
P45.
 

SPN

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If the contract is cancelled say will the drivers have TUPA ??? Surely another contract could not be even tendered for with this overhang ??

Are there any precedents in Europe ???
The contract is with the company. If the company gets wound up the employees are P45'd.

A new tender winner has no relationship with the wound up company.
 

bazlad

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If the state cancels the contract, what happens to the employees?

Presumably they would have TUPE/ARD rights to transfer to whoever gets the retended contract, as their job would still exist.
 

bazlad

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The contract is with the company. If the company gets wound up the employees are P45'd.

A new tender winner has no relationship with the wound up company.
nope, they have rights under the Acquired Rights Directive (ARD), which means they can transfer on current terms and conditions, except for pension rights.
 

drummed

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Presumably they would have TUPE/ARD rights to transfer to whoever gets the retended contract, as their job would still exist.
Like I said, don't get run over in the rush of new operators who want to take on these lads!
 

asset test

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They should have been out there with their clipboards figuring out the disruption caused by the Luas Strike.

But since the extension is nearly done, there will be no chance of that!

I have no doubt that many benefit from the Luas, but not as many as use the DART and the Bus really.

They survived. Because there is an alternative mode available.
 

SPN

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nope, they have rights under the Acquired Rights Directive (ARD), which means they can transfer on current terms and conditions, except for pension rights.
I'm not familiar with the ARD, have you a summary or a link to a summary?

So a company winning the tender would be obliged to sack existing staff and hire these árseholes?

Can't see that working.
 


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