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Gratuities to certain employees of holders of abolished licences.
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46.—(1) Whenever a licence is abolished by virtue of an abolition order any person who—
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(a) was in the employment of the holder of such licence for not less than five years prior to the date of the abolition of such licence, and
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(b) was employed by such holder solely or mainly in connection with the licensed business carried on in the premises to which such licence was attached, and
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(c) was discharged by such holder as the direct and immediate result of the abolition of such licence, and
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(d) has been unemployed for three months after he was so discharged notwithstanding reasonable efforts on his part to obtain employment,
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may be granted by order of the compensation authority by whom such abolition order was made a gratuity (in this section referred to as an unemployment gratuity) under and in accordance with this section.
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(2) The amount of any unemployment gratuity shall not exceed a sum equal to three months wages of the person to whom the same is granted and such other sum as the compensation authority may consider reasonable in view of the fact that such person will have to bear his own costs of all proceedings in relation to such unemployment gratuity.
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(3) Every application to the compensation authority for an unemployment gratuity shall be made not later than the 30th day of March next following the date on which the licence of the person by whom such applicant was employed was abolished, and every such application shall be heard and determined by the compensation authority not later than the 1st day of June next following the said 30th day of March.
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(4) At the hearing of an application under the foregoing sub-section the following parties and no other party may be heard and adduce evidence, that is to say:—
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(a) the applicant, and
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(b) any holder of a licence in respect of premises situate in the licensing area, and
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(c) the Attorney-General of Saorstát Eireann.
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(5) Whenever an order (in this section referred to as an unemployment gratuity order) is made awarding an unemployment gratuity to any person the registrar to the compensation authority by whom such order was made shall forthwith transmit to the treasurer a copy of such order.
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(6) Upon receipt of a copy of an unemployment gratuity order the treasurer shall forthwith send to the Minister for Finance a requisition in writing requesting him to advance and pay into the proper compensation fund the amount of the gratuity fixed by such order, and as soon as may be after the receipt of such requisition the said Minister shall out of moneys to be provided by the Oireachtas comply with such requisition, and thereupon the treasurer shall pay to the person named in the unemployment gratuity order the amount named therein.
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(7) Every sum advanced and paid by the Minister for Finance to a compensation fund pursuant to a requisition by the treasurer under this section for the benefit of an ex-employee or ex-employees of the holder of a particular licence which was the subject of a compensation order shall for the purposes of the next succeeding section be added to and deemed to form part of the compensation money (hereinafter referred to as the original compensation money) actually fixed by such compensation order and shall be deemed to have been advanced and paid by the Minister for Finance to such compensation fund pursuant to the same requisition as that on which the original compensation money was advanced and paid by the Minister for Finance to such compensation fund and to have been so paid and advanced at the same time as the original compensation money was paid and advanced by the Minister for Finance to such compensation fund.
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