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Compensation to ex-employees of certain licensees.
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63.—Where—
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(1) a merchandise (existing carrier's) licence to which this Part of this Act applies is transferred to an authorised (merchandise carrying) company, or
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(2) a passenger licence to which this Part of this Act applies is transferred to an authorised (passenger carrying) company, or
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(3) a reduction order is made in respect of a merchandise (existing carrier's) licence to which this Part of this Act applies,
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the following provisions shall have effect, that is to say:—
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(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:—
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(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
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(ii) was, within six months after the critical date, dismissed (otherwise than for inefficiency or misconduct) by such licensee, and
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(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;
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(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;
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(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;
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(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.
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