32
CAP. 282]
Employees' Compensation
[1988 Ed.
(b) as a claim for compensation in the Court, either independently of or in conjunction with any other claim for compensation brought in the Court.
(6) Any employer who without reasonable excuse contravenes subsection (3) commits an offence and is liable to a fine of $5,000.
Agreements as to compensation for certain injuries
(Added, 76 of 1982, s. 14)
17. *(1) Subject to subsection (2), in the case of an injury to an employee to which section 16D(4) applies his employer shall, within 21 days after the relevant date, take all such steps as are necessary and reasonable on his part to enter into an agreement with the injured employee as to the compensation payable by him under sections 7, 9 and 10 as may be appropriate for the injury: (Amended, 31 of 1985, s. 9)
Provided that the amount of such compensation to be agreed upon shall not be less than the amount payable under sections 7, 9 and 10.
(2) Subsection (1) shall not apply in any case where the employer notifies the Commissioner, in writing, within 14 days after the relevant date, that he does not intend to enter into an agreement, giving his reasons therefor.
(3) For the purposes of subsections (1) and (2) “relevant date” means-
(a) the date of issue to the employer of the relevant certificate of assessment under section 16F:
(b) where an objection to the assessment is made under section 16G(1), the date of issue to the employer of the relevant certificate under section 16G(3) or of a further certificate under section 16F, as the case may be; or
(c) where a review of an assessment is made under section 16GA(1) or (2), the date of issue to the employer of the relevant certificate under section 16GA(4) or of a further certificate under section 16F, as the case may be:
Provided that in the case of a claim for an injury in respect of which a notice has been served on a principal contractor by the employee under section 24(6), the relevant date shall be the date determined in accordance with paragraph (a), (b) or (c), as the case may be, or the date of service of the notice under section 24(6), whichever date is the later. (Replaced, 31 of 1985, s. 9)
(4) Every agreement under subsection (1) shall be submitted in triplicate by the employer so as to reach the Commissioner within 3 days after the execution thereof.
(5) Where an agreement is submitted to the Commissioner, he may-
(a) subject to subsection (6), approve the agreement and signify his approval in writing; or
(b) refuse to approve the agreement.
To be amended by 59 of 1988, s. 9 w.e.f. 1.1.1989 see L.N. 226/88.