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Compensation to certain fishery employees.
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15.—(1) Whenever a fishery or a fishing right is acquired (whether compulsorily or by agreement) by the Board under this Act, every person who proves to the satisfaction of the Board or of the arbitrator all the following matters, that is to say:—
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(a) that during the whole or substantially the whole of each of the three complete open fishing seasons next before such acquisition, he was constantly and regularly employed at a weekly wage in or about the working of such fishery or the exercise of such fishing right, and
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(b) that he was so employed by a person or the predecessor in title of a person entitled to receive the price or a portion of the price payable by the Board in respect of such acquisition, and
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(c) that the wages received by him in respect of such employment formed the whole or a substantial part of his livelihood while he was so employed, and
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(d) that his said employment related exclusively to the working of such fishery or the exercise of such fishing right, and
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(e) that he was not regularly employed outside the open fishing season by the person by whom he was so employed during the open fishing season,
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shall (subject to the provisions of this section) be entitled to be paid by the Board compensation in respect of his loss of employment by reason of the said acquisition of such fishery or fishing right by the Board.
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(2) The compensation payable to any person under this section shall be calculated as follows, that is to say, for every complete open fishing season during which such person complied with all the conditions mentioned in the next preceding sub-section of this section, such person shall receive a sum equal to four times the average weekly wage received by such person in respect of such employment during the complete fishing season next before the said acquisition of the said fishery or fishing right by the Board, but subject to the overriding limitation that such compensation shall not in any case exceed fifty-two times the said average weekly wage.
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(3) A person shall not be entitled to any compensation under this section in relation to the acquisition of a fishery or a fishing right by the Board where it is shown to the satisfaction of the arbitrator that by reason of an undertaking by the Board to continue the employment of such person or for any other reason such person will suffer no loss or diminution of employment in consequence of such acquisition.
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