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8 1933

ROAD TRANSPORT ACT, 1933

PART VI.

Compensation to Certain Ex-Employees of Licensees Under Merchandise (Existing Carrier's) Licences and Annual Passenger Licences.

Merchandise (existing carrier's) licences and annual passenger licences to which Part VI applies.

61. —(1) This part of this Act applies to every merchandise (existing carrier's) licence, other than a merchandise (existing carrier's) licence held by an authorised (merchandise carrying) company or a shipping company or by a person whose merchandise road transport business is owned or controlled directly or indirectly by an authorised (merchandise carrying) company or a shipping company.

(2) This Part of this Act applies to every passenger licence, other than a passenger licence held by an authorised (passenger carrying) company or by a person whose passenger road service is owned or controlled directly or indirectly by an authorised (passenger carrying) company.

Definitions in relation to Part VI.

62. —In this Part of this Act—

the expression “transferred” means—

(a) in relation to a merchandise (existing carrier's) licence to which this Part of this Act applies, transferred under Part II of this Act or under Part V of this Act, and

(b) in relation to a passenger licence to which this Part of this Act applies, transferred under section 18 of the Act of 1932 or under Part V of this Act;

the expression “the critical date” means—

(a) in relation to a licence transferred under section 18 of the Act of 1932 or under Part II of this Act, the date as from which such transfer is deemed to have been made;

(b) in relation to a licence the subject of a transfer order or a reduction order, the date of the application for such order.

Compensation to ex-employees of certain licensees.

63. —Where—

(1) a merchandise (existing carrier's) licence to which this Part of this Act applies is transferred to an authorised (merchandise carrying) company, or

(2) a passenger licence to which this Part of this Act applies is transferred to an authorised (passenger carrying) company, or

(3) a reduction order is made in respect of a merchandise (existing carrier's) licence to which this Part of this Act applies,

the following provisions shall have effect, that is to say:—

(a) compensation shall be payable by the company to which such licence is transferred or upon whose application such reduction order is made (as the case may be) to every person who complies with the following conditions, that is to say:—

(i) was on the critical date employed whole-time by the licensee under such licence in the operation of the vehicles used for the purposes of the business authorised by such licence to be carried on and was so employed continuously for a period of five years ending on the day preceding the critical date and was during such period ordinarily resident in Saorstát Eireann, and

(ii) was, within six months after the critical date, dismissed (otherwise than for inefficiency or misconduct) by such licensee, and

(iii) is not offered employment with the said company or, being offered such employment, either refuses on reasonable grounds to accept such employment, or, if accepting such employment, is dismissed (otherwise than for inefficiency or misconduct) by the said company within two years from the date on which such employment commenced;

(b) the compensation payable to such person shall be a gratuity calculated on the basis of one-twelfth of the amount of his annual remuneration for every completed year before the critical date during which he was continuously employed whole-time by such licensee in the operation of the vehicles used for the purposes of the business authorised by such licence to be carried on;

(c) the annual remuneration of such person shall be taken to be the total remuneration and emoluments paid by such licensee to such person during the calendar year next preceding the critical date;

(d) for the purpose of this section employment shall be deemed to be continuous notwithstanding any break in such employment due solely to illness or labour disputes.

Recovery of compensation under Part VI.

64. —Where a person is entitled to compensation under this Part of this Act such compensation shall be a debt due to such person by the person liable under the said Part to pay such compensation and shall be recoverable as a simple contract debt in a court of competent jurisdiction.