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Adjudications by Social Welfare Tribunal.
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[1982 (No. 2), s. 1; 1987 (No. 2), s. 14(1)]
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275.—The following provisions shall apply in relation to an adjudication under this Chapter—
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(a) the Tribunal shall, before making the adjudication, take into account all the circumstances of the stoppage of work concerned and of the trade dispute which caused the stoppage of work, including (without prejudice to the generality of the foregoing)—
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(i) the question whether the applicant is or was available for work and willing to work, but is or was deprived of his employment through some act or omission on the part of the employer concerned which amounted to unfair or unjust treatment of the applicant,
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(ii) the question whether the applicant is or was prevented by the employer from attending for work at his place of employment or was temporarily laid off by the employer, without (in either such case) any reasonable or adequate consultation by the employer with the applicant or with a trade union acting on his behalf, or without (in either case) the use by the employer or by any body acting on his behalf of the services normally availed of by employers in the interests of good industrial relations,
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(iii) the question whether any action or decision by the employer, amounting to a worsening of the terms or conditions of employment of the applicant and taken without any or any adequate consultation with, or any or any adequate notice to, the applicant, was a cause of the stoppage of work or of the trade dispute which caused the stoppage of work and was material grounds for such stoppage or such trade dispute,
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(iv) the question whether the conduct of the applicant or of a trade union acting on his behalf was reasonable;
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(b) the Tribunal shall, having heard such evidence as has been adduced before it, and such representations as have been made to it, by the applicant and the employer and having considered whether the conduct of the applicant or of a trade union acting on his behalf was reasonable and whether the employer or a body acting on his behalf was willing to avail of the services normally availed of in the interests of good industrial relations, decide whether the applicant is or was unreasonably deprived of his employment and whether (if it decides that he is or was so deprived) he shall, notwithstanding the decision under section 47(1) or under section 125(3) of the deciding officer or appeals officer, be qualified to receive unemployment benefit or unemployment assistance and (where appropriate) for what period he shall be so qualified:
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Provided that the other conditions for the receipt of such benefit or such assistance are satisfied;
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(c) a decision of the Tribunal on an application for an adjudication shall be final and conclusive, but an appeal shall lie to the High Court on a question of law:
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Provided that a person interested (including the Minister) may apply to the Tribunal for a review of its decision and, if the Tribunal is satisfied that a material change has occurred in the circumstances of the stoppage of work or of the trade dispute which caused the stoppage of work, or that there is new evidence or new facts which in the opinion of the Tribunal could have affected its decision, it may review its decision and such a review shall be treated as an adjudication under this section.
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