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Disqualifications.
[1993 s47(1)]
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68.—(1) Subject to subsection (2), 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 or she was employed shall be disqualified for receiving unemployment benefit so long as the stoppage of work continues, except in a case where the person has, during the stoppage of work, become bona fide employed elsewhere in the occupation which he or she usually follows or has become regularly engaged in some other occupation.
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| [1993 s47(1)] |
(2) Subsection (1) shall not apply to a person who is not participating in or directly interested in the trade dispute which caused the stoppage of work.
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| [1993 s47(2)] |
(3) 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, for the purposes of subsection (1), is deemed to be a separate factory, workshop or farm or separate premises or a separate place, as the case may be.
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| [1993 s47(3); 1995 s18(a)] |
(4) A person shall be disqualified for receiving unemployment benefit during any week in which he or she is employed under a scheme administered by An Foras Áiseanna Saothair and known as Community Employment.
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| [2005 (SW&P) s13(a)] |
(5) A person shall be disqualified for receiving unemployment benefit during any week in which he or she is employed under a scheme administered under the aegis of the Minister for Community, Rural and Gaeltacht Affairs and known as the Rural Social Scheme.
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| [1993 s47(4)] |
(6) A person shall be disqualified for receiving unemployment benefit for a period not exceeding 9 weeks as may be determined under this Act where he or she—
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(a) has lost his or her employment through his or her own misconduct or has voluntarily left his or her employment without just cause,
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(b) has refused an offer of suitable employment,
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(c) has without good cause refused or failed to avail himself or herself of any reasonable opportunity of receiving training provided or approved of by An Foras Áiseanna Saothair as suitable in his or her case,
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(d) has failed or neglected to avail himself or herself of any reasonable opportunity of obtaining suitable employment, or
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(e) being a person under the age of 55 years who, in accordance with the Redundancy Payments Acts 1967 to 2003, has been dismissed by his or her 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 those Acts or under an agreement with his or her employer,
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and the period of disqualification shall begin on the day on which the loss or leaving of employment, refusal, failure, neglect or redundancy, as the case may be, occurred.
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| [1993 s47(5)] |
(7) 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 of that benefit, where, having regard to special circumstances, it appears to the Minister necessary so to do for the purpose of preventing inequalities or preventing injustice.
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| [1993 s47(6)] |
(8) For the purpose of this section, employment shall not be deemed to be suitable employment in the case of any person where it is—
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(a) employment in a situation vacant in consequence of a stoppage of work due to a trade dispute,
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(b) employment in the district where the person was last ordinarily employed at a rate of remuneration lower, or on conditions less favourable, than those which he or she habitually obtained in his or her usual employment in that district, or would have obtained had he or she continued to be so employed, or
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(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.
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