1988 Ed.]
Employees' Compensation
[CAP. 282
19
Provided that the earnings of the employee under the concurrent contract shall be taken into account only so far as the employee is incapacitated from performing the concurrent contract:
Provided further that this subsection shall not apply where an employee is in the full-time employment of that employer for whom he was working at the time of the accident, in which case the earnings of such employee shall be his earnings in such full-time employment. For the purposes of this proviso, full-time employment means employment for not less than 40 hours during a minimum period of 5 days in any 1 week. (Amended, 76 of 1982, s. 9)
(7A) An employee shall, at the written request of his employer, give his employer sufficient written information to enable the employer to comply with section 40 regarding any of the employee's concurrent contracts of service referred to in subsection (7) that are then in force or subsequently entered into. (Added, 59 of 1988, s. 2)
(7B) Subsection (7) does not apply where an employee fails to comply with subsection (7A). (Added, 59 of 1988, s. 2)
(8) Within 14 days after the date of issue of a written request of the employee or of the Commissioner to the employer liable to pay compensation, that employer shall furnish in writing a list of the earnings which have been earned by that employee upon which the amount of the monthly earnings may be calculated for the purpose of this section. (Amended, 76 of 1982, s. 9)
(9) An employer who without reasonable excuse contravenes subsection (8) commits an offence and is liable to a fine of $5,000. (Added, 76 of 1982, s. 9). (Amended, 44 of 1980, s. 15)
Persons entitled to compensation
12. (1) Except where otherwise provided by or under this Ordinance, compensation shall be payable to or for the benefit of the employee, or, where death results from the injury, to or for the benefit of his dependants as provided by this Ordinance. (Amended, 76 of 1982, s. 10)
(2) Where there are both total and partial dependants, nothing in this Ordinance shall be construed as preventing the compensation being allotted partly to the total and partly to the partial dependants.
(3) Where a dependant dies before a claim in respect of death is made under this Ordinance, or, if a claim has been made, before an order for the payment of compensation has been made, the legal personal representative of the dependant shall have no right to payment of compensation, and the claim for compensation shall be dealt with as if that dependant had died before the employee. (Amended, 44 of 1980, s. 15)
Distribution of compensation
13.
(1) Compensation payable where the death of an employee has resulted from an injury shall be paid to the Court, and the Court may order any sum so paid in to be apportioned among the dependants of the deceased employee or any of them in such proportion as the Court thinks fit, or in the
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1988 Ed.]
Employees' Compensation
[CAP. 282
19
Provided that the earnings of the employee under the concurrent contract shall be taken into account only so far as the employee is incapacitated from performing the concurrent contract:
Provided further that this subsection shall not apply where an employee is in the full time employment of that employer for whom he was working at the time of the accident, in which case the earnings of such employee shall be his earnings in such full time employment. For the purposes of this proviso, full time employment means employment for not less than 40 hours during a minimum period of 5 days in any 1 week. (Amended, 76 of 1982, s. 9)
(7A) An employee shall, at the written request of his employer, give his employer sufficient written information to enable the employer to comply with section 40 regarding any of the employee's concurrent contracts of service referred to in subsection (7) that are then in force or subsequently entered into. (Added, 59 of 1988, s. 2)
(7B) Subsection (7) does not apply where an employee fails to comply with subsection (7A). (Added, 59 of 1988, s. 2)
(8) Within 14 days after the date of issue of a written request of the employee or of the Commissioner to the employer liable to pay compensation, that employer shall furnish in writing a list of the earnings which have been earned by that employee upon which the amount of the monthly earnings may be calculated for the purpose of this section. (Amended, 76 of 1982, s. 9)
(9) An employer who without reasonable excuse contravenes subsection (8) commits an offence and is liable to a fine of $5,000. (Added, 76 of 1982, s. 9). (Amended, 44 of 1980, s. 15)
Persons entitled to compensation
12. (1) Except where otherwise provided by or under this Ordinance, compensation shall be payable to or for the benefit of the employee, or, where death results from the injury, to or for the benefit of his dependants as provided by this Ordinance. (Amended, 76 of 1982, s. 10)
(2) Where there are both total and partial dependants nothing in this Ordinance shall be construed as preventing the compensation being allotted partly to the total and partly to the partial dependants.
(3) Where a dependant dies before a claim in respect of death is made under this Ordinance, or, if a claim has been made, before an order for the payment of compensation has been made, the legal personal representative of the dependant shall have no right to payment of compensation, and the claim for compensation shall be dealt with as if that dependant had died before the employee.
(Amended, 44 of 1980, s. 15)
Distribution of compensation
13.
1) Compensation payable where the death of an employee has resulted from an injury shall be paid to the Court, and the Court may order any sum so paid in to be apportioned among the dependants of the deceased employee or any of them in such proportion as the Court thinks fit, or in the
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