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CAP. 282]
Employees' Compensation
[1988 Ed.
whichever calculation is more favourable to the employee. (Replaced, 76 of 1982, s. 9)
(2) Where by reason of the shortness of the time during which an employee has been in the employment of his employer or of the casual nature of the employment, or of the terms of employment, it is impracticable to compute the rate of remuneration of such employee at the date of the accident, regard may be had to the average monthly amount which, during the 12 months previous to the accident, was being earned by a person of similar earning capacity in the same grade employed at the same work by the same employer, or, if there is no person so employed, by a person of similar earning capacity in the same grade employed in the same class of employment and in the same district. (Added, 55 of 1969, s. 11)
(3) Where an employee was, at the date of the accident, under the age of 18 years his earnings shall, for the purposes of assessing compensation payable in the case of death or permanent incapacity, be deemed to be such amount as, if the accident had not occurred, he would probably have received upon attaining the age of 18 years, or at the end of a period of 5 years after the accident, whichever calculation is more favourable to the employee. (Added, 55 of 1969, s. 11. Amended, 76 of 1982, s. 9)
(4) Where an employee was, at the date of the accident, employed under a contract of apprenticeship his earnings shall, for the purposes of assessing compensation payable in the case of death or permanent incapacity, be deemed to be such amount as, if the accident had not occurred, he would probably have received upon the completion of his contract of apprenticeship. (Added, 55 of 1969, s. 11. Amended, 76 of 1982, s. 9)
(4A) Where an employee was, at the date of the accident, under the age of 18 years and employed under a contract of apprenticeship, his earnings shall, for the purposes of assessing compensation payable in the case of death or permanent incapacity, be deemed to be the amount calculated under subsection (3) or (4), whichever calculation is more favourable to the employee. (Added, 76 of 1982, s. 9)
(5) Where the earnings of an employee calculated under any of the provisions of this section amount to less than $920 per month, the earnings of such employee shall, for the purposes of this Ordinance, be deemed to be $920 per month. (Added, 55 of 1969, s. 11. Amended, 76 of 1982, s. 9; L.N. 321/85 and L.N. 390/87)
(6) For the purposes of subsections (1) and (2), employment by the same employer shall be taken to mean employment by the same employer in the grade in which the employee was employed at the time of the accident, uninterrupted by absence from work due to illness or any other unavoidable cause. (Amended, 55 of 1969, s. 11)
(7) Where the employee had entered into concurrent contracts of service with 2 or more employers under which he worked at one time for one such employer and at another time for another such employer, his monthly earnings shall be computed as if his earnings under all such contracts were earnings in the employment of the employer for whom he was working at the time of the accident:
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18
CAP. 282]
Employees' Compensation
[1988 Ed.
whichever calculation is more favourable to the employee. (Replaced, 76 of 1982, s. 9)
(2) Where by reason of the shortness of the time during which an employee has been in the employment of his employer or of the casual nature of the employment, or of the terms of employment, it is impracticable to compute the rate of remuneration of such employee at the date of the accident, regard may be had to the average monthly amount which, during the 12 months previous to the accident, was being earned by a person of similar earning capacity in the same grade employed at the same work by the same employer, or, if there is no person so employed, by a person of similar earning capacity in the same grade employed in the same class of employment and in the same district. (Added, 55 of 1969, s. 11)
(3) Where an employee was, at the date of the accident, under the age of 18 years his earnings shall, for the purposes of assessing compensation payable in the case of death or permanent incapacity, be deemed to be such amount as, if the accident had not occurred, he would probably have received upon attaining the age of 18 years, or at the end of a period of 5 years after the accident, whichever calculation is more favourable to the employee. (Added, 55 of 1969, s. 11. Amended, 76 of 1982, s. 9)
(4) Where an employee was, at the date of the accident, employed under a contract of apprenticeship his earnings shall, for the purposes of assessing compensation payable in the case of death or permanent incapacity, be deemed to be such amount as, if the accident had not occurred, he would probably have received upon the completion of his contract of apprenticeship. (Added, 55 of 1969, s. 11. Amended, 76 of 1982, s. 9)
(4A) Where an employee was, at the date of the accident, under the age of 18 years and employed under a contract of apprenticeship, his earnings shall, for the purposes of assessing compensation payable in the case of death or permanent incapacity, be deemed to be the amount calculated under subsection (3) or (4), whichever calculation is more favourable to the employee. (Added, 76 of 1982, s. 9)
(5) Where the earnings of an employee calculated under any of the
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IN 386 gif provisions of this section amount to less than $ per month, the earnings of
such employee shall, for the purposes of this Ordinance, be deemed to be $920 per month. (Added, 55 of 1969, s. 11. Amended, 76 of 1982, s. 9; L.N. 321850 and L.N. 390/87)
(6) For the purposes of subsections (1) and (2), employment by the same employer shall be taken to mean employment by the same employer in the grade in which the employee was employed at the time of the accident, uninterrupted by absence from work due to illness or any other unavoidable cause. (Amended, 55 of 1969, s. 11)
(7) Where the employee had entered into concurrent contracts of service with 2 or more employers under which he worked at one time for one such employer and at another time for another such employer, his monthly earnings shall be computed as if his earnings under all such contracts were earnings in the employment of the employer for whom he was working at the time of the accident:
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