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Disqualifications.
[1952, s. 17]
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35.—(1) 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 was employed shall be disqualified for receiving unemployment benefit so long as the stoppage of work continues, except in a case where he has, during the stoppage of work, become bona fide employed elsewhere in the occupation which he usually follows or has become regularly engaged in some other occupation:
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[1967 MP, s. 8]
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Provided that the foregoing provisions of this subsection shall not apply to a person who—
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(a) is not participating in or financing or directly interested in the trade dispute which caused the stoppage of work, and
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(b) does not belong to a grade or class of workers of which, immediately before the commencement of the stoppage, there were members employed at his place of employment any of whom are participating in or financing or directly interested in the dispute.
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(2) 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 shall, for the purposes of subsection (1), be 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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(3) A person shall be disqualified for receiving unemployment benefit for such period not exceeding 6 weeks as may be determined under the provisions of this Act if he—
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(a) has lost his employment through his own misconduct or has voluntarily left his employment without just cause, or
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(b) has refused an offer of suitable employment, or
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[1967 MP, s. 8]
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(c) has without good cause refused or failed to avail himself of any reasonable opportunity of receiving training provided or approved of by An Chomhairle Oiliúna as suitable in his case, or
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(d) has failed or neglected to avail himself of any reasonable opportunity of obtaining suitable employment,
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and the period of disqualification shall commence on the day on which the loss or leaving of employment, refusal, failure or neglect (as the case may be) occurred.
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(4) 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 thereof, if, 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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(5) For the purpose of this section, employment shall not be deemed to be suitable employment in the case of any person if it is—
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(a) employment in a situation vacant in consequence of a stop-page of work due to a trade dispute, or
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(b) employment in the district where he was last ordinarily employed at a rate of remuneration lower, or on conditions less favourable, than those which he habitually obtained in his usual employment in that district, or would have obtained had he 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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(6) In this section “trade dispute” means any dispute between employers and employees, or between employees and employees, which is connected with the employment or non-employment or the terms of employment or the conditions of employment of any persons, whether employees in the employment of the employer with whom the dispute arises or not.
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