Local Government (Dublin) Act, 1930
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Compensation of officers in certain cases. |
88.—(1) Every person who is at the passing of this Act an officer in the service of a local body and, by reason of anything done by, under, or in pursuance of this Act, either— | |
(a) is removed from office or ceases to hold office by reason of the abolition of his office and is not entitled under any enactment other than this Act to compensation for such removal or cesser, or | ||
(b) suffers pecuniary loss by reason of his salary or emoluments being reduced, | ||
may be awarded and paid by the local body in whose service he is at the time of such removal, cesser or loss or, where that body is the Board of Health, by the County Council such compensation as is hereinafter mentioned for such removal, cesser or loss. | ||
(2) The compensation which may be awarded and paid to an officer under this section shall be of such amount and be by way of annual allowance or gratuity as shall, with the sanction of the Minister, be agreed upon between such officer and the body by whom such compensation is payable, or (in default of such agreement and sanction) be fixed by the Minister, having regard to the following considerations, that is to say:— | ||
(a) the conditions on which such officer was appointed to the service of the local body in whose service he was at the passing of this Act, | ||
(b) the nature and duration of his employment in such service, | ||
(c) in the case of an officer who does not devote his whole time to the duties of his office, the amount of time he devotes to such duties, | ||
(d) in the case of a removal from office or ceasing to hold office by reason of the abolition of such office the amount of compensation which could be awarded to him if such compensation were calculated under section 44 of the Act of 1925, amended by the substitution, in sub-section (3) thereof, of the expression “one-fourth” for the expression “one-sixth”, | ||
(e) in the case of a pecuniary loss, the amount of compensation which could be awarded to him if such compensation were calculated under section 56 of the Act of 1925, amended by the substitution, in paragraph (b) of sub-section (3) thereof, of the expression “one-fourth” for the expression “one-sixth,” | ||
(f) the probability (if any) of his having continued in office for a longer period or without suffering loss (as the case may require) if this Act had not been passed, | ||
(g) any other circumstances affecting his case. | ||
(3) The compensation awarded to a person under this section shall not exceed:— | ||
(a) in the case of a removal from office, the maximum compensation which could be awarded to him if such compensation were calculated under section 44 of the Act of 1925, amended by the substitution, in sub-section (3) thereof, of the expression “one-fourth” for the expression “one-sixth”, and | ||
(b) in the case of a pecuniary loss, the maximum compensation which could be awarded to him if such compensation were calculated under section 56 of the Act of 1925, amended by the substitution, in paragraph (b) of sub-section (3) thereof, of the expression “one-fourth” for the expression “one-sixth”. |