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27 1927

ELECTRICITY (SUPPLY) ACT, 1927

FIRST SCHEDULE.

1. Every person who was employed by an authorised undertaker or a statutory undertaker for a period of not less than two nor more than five years before the 31st day of March, 1927, and was so employed at the date of an order made under this Act requiring such undertaker to cease to use a generating station as a generating station, and who by reason of such generating station ceasing in pursuance of such order to be used as a generating station has suffered loss of employment shall be entitled to a gratuity calculated on the basis of one-sixth of his annual remuneration and emoluments on the 31st day of March, 1927, for every completed year of his employment.

2. Every person who was employed by an authorised undertaker or a statutory undertaker for a period of not less than five years before the 31st day of March, 1927 and was so employed at the date of an order made under this Act requiring such authorised undertaker or such statutory undertaker to cease to use a generating station as a generating station and who by reason of such generating station ceasing in pursuance of such order to be used as a generating station—

(a) has suffered loss of employment, or

(b) has relinquished his employment in consequence of being required to perform duties such as were not similar or were an unreasonable addition to the duties which he was required to perform by such undertaker on the 31st day of March, 1927, or

(c) has suffered diminution of salary, wages, or emoluments, or

(d) has been placed in any worse position in respect of the conditions of his employment than he was in in that respect on the 31st day of March, 1927,

shall be entitled to receive from such authorised undertaker or statutory undertaker compensation in accordance with and subject to the provisions of this Schedule.

3. No such person as aforesaid shall be entitled to receive compensation under this Schedule if it is shown that suitable employment on terms and conditions (including where applicable the payment of reasonable expenses of moving to the locality of such employment) not less favourable than the terms and conditions on and under which such person was so employed as aforesaid on the 31st day of March, 1927 was available for such person at or within a reasonable time after the cesser of the last-mentioned employment.

4. The compensation to be paid under this Schedule to a person who either—

(a) has suffered loss of employment, or

(b) has relinquished his employment in consequence of being required to perform duties such as were not similar or were an unreasonable addition to the duties which he was required to perform on the 31st day of March, 1927,

shall be an annual sum not exceeding in any case two-thirds of his annual remuneration and emoluments on the 31st day of March, 1927 and, subject to that limitation, to be calculated at the rate of one-sixtieth of such annual remuneration and emoluments for every completed year of his employment with the authorised undertaker or statutory undertaker by whom the compensation is payable under this Schedule less an amount equal to the annual amount or annual value of any sum payable to him by such authorised undertaker or such statutory undertaker by way of pension, superannuation, or gratuity on discharge.

5. The compensation to be paid under this Schedule to a person who either—

(a) has suffered loss or diminution of salary, wages, or emoluments, or

(b) has been placed in any worse position in respect of the conditions of his employment than he was in on the 31st day of March, 1927,

shall be an annual sum not exceeding in any case two-thirds of his annual remuneration and emoluments on the 31st day of March, 1927, and, subject to that limitation, as nearly as possible the equivalent in money of the annual diminution in remuneration and emoluments or of the worsening of the conditions of his employment (as the case may be) suffered by him and shall be payable during the continuance of the employment in which such annual diminution in remuneration and emoluments or such worsening of the conditions of his employment (as the case may be) is so suffered by him as aforesaid.

6. For the purpose of computing the period of employment of a person who is entitled to compensation under this Schedule with the authorised undertaker or the statutory undertaker (as the case may be) by whom such compensation is payable under this Schedule, the employment of such person with any authorised undertaker or any statutory undertaker shall be deemed to be employment with the authorised undertaker or the statutory undertaker by whom such compensation is so payable.

7. In computing the period of employment of a person who is entitled to receive compensation under this Schedule there may be added to the actual period of employment of such person with any authorised undertaker or any statutory undertaker such number of years not exceeding ten years for and in respect of the special qualifications or special conditions of employment of such person as the Board may in any particular case require so to be added to the actual period of employment as aforesaid of such person as aforesaid.

8. Where any person who is entitled to receive compensation under this Schedule was temporarily absent from his employment with any authorised undertaker or any statutory undertaker and during the whole of such absence was engaged in service in the National Forces of Saorstát Eireann, or any military forces serving under the authority of the First Dáil Eireann, the Second Dáil Eireann, or the Provisional Government of Ireland, or the British Army, Navy, or Air Force, such temporary absence shall for the purposes of this Schedule be reckoned with and included in his period of employment with such authorised undertaker or such statutory undertaker.

9. The amount of the compensation to be paid to any person entitled thereto under this Schedule shall be determined by agreement between such person and the authorised undertaker or the statutory undertaker (as the case may be) by whom such compensation is payable.

10. Any person who is in receipt of an annual sum by way of compensation under this Schedule may, within one year from the date on which the amount of such annual sum is fixed, apply to the authorised undertaker or the statutory undertaker (as the case may require) by whom such annual sum is payable to commute the whole of such annual sum by payment of a capital sum of money to be fixed by agreement between such person and such authorised undertaker or such statutory undertaker (as the case may be), but no such application for commutation shall be considered by such authorised undertaker or such statutory undertaker without the consent of the Board.

11. If any dispute or question shall arise—

(a) between any person and any authorised undertaker or any statutory undertaker as to whether such person is a person entitled to compensation under this Schedule, or

(b) between any person entitled to compensation under this Schedule and the authorised undertaker or the statutory undertaker (as the case may be) by whom such compensation is payable as to the amount of the compensation so payable, or

(c) between any person who is in receipt of an annual sum by way of compensation under this Schedule and the authorised undertaker or the statutory undertaker (as the case may be) by whom such annual sum is payable as to the amount of the capital sum of money by payment of which the whole of such annual sum as aforesaid is to be commuted,

such person or such authorised undertaker or such statutory undertaker may appeal to a standing arbitrator appointed by the Minister whose decision shall be final and conclusive and not subject to appeal to or review by any court.

12. Where any person who is entitled to receive compensation under this Schedule is also, whether under statute or by the terms of his contract of employment with the authorised undertaker or the statutory undertaker by whom such compensation is payable under this Schedule, entitled to receive compensation in respect of the same circumstances as those in respect of which he is entitled to receive compensation under this Schedule then and in every such case such person shall be entitled to receive compensation as he so elects, under such statute or such contract as aforesaid or under this Schedule but not under both such statute or such contract and this Schedule.

13. References in this Schedule to the duties which a person employed by an authorised undertaker or a statutory undertaker on the 31st day of March, 1927 was on that date required by such undertaker to perform and to the terms and conditions on and under which such person was so employed and the annual remuneration and emoluments of such person on that date shall in every case in which such duties or such terms and conditions or such annual remuneration and emoluments were after the 31st day of March, 1927 altered with the approval of the Board be construed as references to such duties, or such terms and conditions, or such remuneration and emoluments as so altered and this Schedule shall have effect accordingly.