Fisheries Act, 1939

Compensation to employees on transferable fisheries.

68.—(1) Whenever a transferable fishery becomes vested in the Minister under this Chapter of this Part of this Act, every person who proves to the satisfaction of the Minister or the arbitrator appointed to fix compensation in respect of such fishery all the following matters, that is to say:—

(a) that, during the whole or substantially the whole of each of the three open fishing seasons (in this sub-section referred to as the appointed seasons) next before the date on which such fishery became so vested, he was constantly and regularly employed by the occupier of such fishery in or about the operation or protection of such fishery at a fixed weekly wage or at a wage calculated by reference to the value of the catch, and

(b) that the remuneration received by him in respect of such employment formed the whole or a substantial part of his livelihood while he was so employed, and

(c) that his said employment related exclusively to the operation or protection of such fishery, and

(d) that his employment has been terminated as the result of the vesting of such fishery, and

(e) that equivalent alternative occupation is not open to him during the fishing season,

shall be entitled to be paid by the Minister, in respect of his loss of employment during the open fishing season, compensation of an amount calculated as follows, that is to say:—

(i) for each of the appointed seasons, a sum (in this section referred to as the appointed sum) equal to four times the average weekly amount received by such person in respect of such employment during the third of the appointed seasons, and

(ii) for each open fishing season (if any) previous to the appointed seasons during which all the following conditions were complied with in respect of such person, that is to say:—

(I) that during the whole or substantially the whole of such season, he was constantly and regularly employed by such occupier in or about the operation or protection of such fishery at a fixed weekly wage or at a wage calculated by reference to the value of the catch, and

(II) that the remuneration received by him in respect of such employment formed the whole or a substantial part of his livelihood while he was so employed, and

(III) that his said employment related exclusively to the operation or protection of such fishery,

a sum equal to the appointed sum,

but subject to the overriding limitation that the amount of such compensation shall not in any case exceed thirteen times the appointed sum.

(2) Whenever a transferable fishery becomes vested in the Minister under this Chapter of this Part of this Act, every person who proves to the satisfaction of the Minister or to the arbitrator appointed to fix compensation in respect of such fishery all the following matters, that is to say:—

(a) that, during the whole of the period (in this sub-section referred to as the appointed period) of five years ending on the day next preceding the date on which such fishery became so vested, he was employed on a whole-time or substantially whole-time basis by the occupier of such fishery in a managerial or supervising capacity in connection with the operation of such fishery, and was so employed at a fixed monthly salary, with or without additional remuneration calculated by reference to the value of the catch, and

(b) that his said employment has been terminated as the result of the vesting of such fishery, and

(c) that equivalent alternative occupation is not open to him,

shall be entitled to be paid by the Minister, in respect of his loss of employment, compensation of an amount equivalent to whichever is the less of the following, that is to say:—

(i) a sum equivalent to the total amount (in this sub-section referred to as his annual salary) paid to such person by way of fixed monthly salary during the fifth year of the appointed period, together with one-fifth of the amount (in this sub-section referred to as his additional remuneration for the appointed period) paid to him as such additional remuneration (if any) during the appointed period;

(ii) an amount calculated as follows, namely, for each year of the appointed period and each previous year (if any) during the whole of which he was similarly so employed, a sum equal to one-twelfth of his annual salary together with one-sixtieth of his additional remuneration for the appointed period (if any).