|
|
Disqualifications.
|
[1981, s. 35(1); 1987 (No. 2), s. 13(1)]
|
|
| |
47.—(1) A person who has lost employment by reason of a stoppage of work which was due to a trade dispute at the factory, workshop, farm or other premises or place at which he was employed shall be disqualified for receiving unemployment benefit so long as the stoppage of work continues, except in a case where he has, during the stoppage of work, become bona fide employed elsewhere in the occupation which he usually follows or has become regularly engaged in some other occupation:
|
|
| |
Provided that the foregoing provisions of this subsection shall not apply to a person who is not participating in or directly interested in the trade dispute which caused the stoppage of work.
|
|
| |
[1981, s. 35(2)]
|
|
| |
(2) Where separate branches of work which are commonly carried on as separate businesses in separate premises or at separate places are in any case carried on in separate departments on the same premises or at the same place, each of those departments shall, for the purposes of subsection (1), be deemed to be a separate factory, workshop or farm or separate premises or a separate place, as the case may be.
|
|
| |
[1984AM, s. 2]
|
|
| |
(3) A person shall be disqualified for receiving unemployment benefit during any week in which he is employed under a scheme administered by An Foras Áiseanna Saothair and known as the Social Employment Scheme.
|
|
| |
[1981, s. 35(3); 1992, ss. 29(1), 31(2)]
|
|
| |
(4) A person shall be disqualified for receiving unemployment benefit for such period not exceeding 9 weeks as may be determined under the provisions of this Act if he—
|
|
| |
(a) has lost his employment through his own misconduct or has voluntarily left his employment without just cause,
|
|
| |
(b) has refused an offer of suitable employment,
|
|
| |
(c) has without good cause refused or failed to avail himself of any reasonable opportunity of receiving training provided or approved of by An Foras Áiseanna Saothair as suitable in his case,
|
|
| |
(d) has failed or neglected to avail himself of any reasonable opportunity of obtaining suitable employment, or
|
|
| |
(e) being a person under the age of 55 years who, in accordance with the Redundancy Payments Acts, 1967 to 1991, has been dismissed by his employer by reason of redundancy, has received or is entitled to receive any moneys, in excess of a prescribed amount, in respect of that redundancy under the said Acts or under an agreement with his employer,
|
|
| |
and the period of disqualification shall commence on the day on which the loss or leaving of employment, refusal, failure, neglect or redundancy (as the case may be) occurred.
|
|
| |
[1981, s. 35(4)]
|
|
| |
(5) Regulations may also provide for imposing in the case of any class of persons additional conditions with respect to the receipt of unemployment benefit and restrictions on the rate and duration thereof, if, having regard to special circumstances, it appears to the Minister necessary so to do for the purpose of preventing inequalities or preventing injustice.
|
|
| |
[1981, s. 35(5)]
|
|
| |
(6) For the purpose of this section, employment shall not be deemed to be suitable employment in the case of any person if it is—
|
|
| |
(a) employment in a situation vacant in consequence of a stoppage of work due to a trade dispute,
|
|
| |
(b) employment in the district where he was last ordinarily employed at a rate of remuneration lower, or on conditions less favourable, than those which he habitually obtained in his usual employment in that district, or would have obtained had he continued to be so employed, or
|
|
| |
(c) employment in any other district at a rate of remuneration lower, or on conditions less favourable, than those generally observed in that district by agreement between associations of employers and of employees or, failing such agreement, than those generally recognised in that district by good employers.
|
