34
CAP. 282]
Employees' Compensation
[1988 Ed.
Commissioner's approval of the agreement under section 17(5) (in this section referred to as "the payment period"), the employer shall pay to the employee, in addition to any other compensation payable under the agreement-
(a) upon the expiry of the payment period, a surcharge of 5 per cent of the amount then remaining unpaid or $200, whichever is the greater; and (b) upon the expiry of 3 months after the expiry of the payment period, a further surcharge of 10 per cent of the amount then remaining unpaid of the aggregate of the amount of compensation referred to in paragraph (a) and the surcharge imposed under that paragraph or $400, whichever is the greater. (Added, 76 of 1982, s. 15. Amended, L.N. 390/87 and 59 of 1988, s. 7)
(2) An employer who fails without reasonable excuse to pay compensation or a surcharge within the time required by the provision referred to in subsection (1) commits an offence and is liable to a fine of $10,000. (Added, 59 of 1988, s. 9)
Cancellation of agreement by the Court
17B. (1) Notwithstanding anything in section 17, where an agreement has been approved by the Commissioner under that section, the Court may, on application by any party thereto or by the Commissioner, cancel the agreement and make such order (including an order as to any sum already paid under the agreement) as in the circumstances the Court may think just, if it is proved that
(a) the sum paid or to be paid was or is not in accordance with the provisions of this Ordinance; or
(b) the agreement was entered into in ignorance of, or under a mistake as to, the true nature or the extent of the injury; or (Amended, 60 of 1986, s. 4)
(c) the agreement was obtained by such fraud, undue influence, misrepresentation or other improper means as would, in law, be sufficient ground for avoiding it.
(2) An application under subsection (1) shall be made within 6 months after the date of the signification of the Commissioner's approval of the agreement under section 17(5), or within such further time as the Court, in the circumstances of any particular case, thinks fit.
Appeals to the Court
(Added, 76 of 1982, s. 15)
18. (1) Subject to this section, an appeal shall lie to the District Court from any decision or assessment of the Commissioner, an Ordinary Assessment Board or a Special Assessment Board under section 16A, 16D, 16E, 16G or 16GA. (Amended, 31 of 1985, s. 10)
(2) No appeal shall lie after the expiry of 6 months from the date of the decision or, in the case of an assessment, of the date of issue of the relevant certificate under section 16A, 16F, 16G or 16GA, as the case may be: (Amended, 31 of 1985, s. 10 and 59 of 1988, s. 8)
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Page 36
34
CAP. 282]
Employees' Compensation
[1988 Ed.
Commissioner's approval of the agreement under section 17(5) (in this section referred to as "the payment period"), the employer shall pay to the employee, in addition to any other compensation payable under the agreement-
(a) upon the expiry of the payment period, a surcharge of 5 per cent of the amount then remaining unpaid or $200, whichever is the greater; and (b) upon the expiry of 3 months after the expiry of the payment period, a further surcharge of 10 per cent of the amount then remaining unpaid of the aggregate of the amount of compensation referred to in paragraph (a) and the surcharge imposed under that paragraph or $400, whichever is the greater. (Added, 76 of 1982, s. 15. Amended, L.N. 390/87 and 59 of 1988, s. 7)
(2) An employer who fails without reasonable excuse to pay compensa- tion or a surcharge within the time required by the provision referred to in subsection (1) commits an offence and is liable to a fine of $10,000. (Added, 59 of 1988, s. 9)
Cancellation of agreement by the Court
17B. (1) Notwithstanding anything in section 17, where an agreement has been approved by the Commissioner under that section, the Court may, on application by any party thereto or by the Commissioner, cancel the agreement and make such order (including an order as to any sum already paid under the agreement) as in the circumstances the Court may think just, if it is proved that
(a) the sum paid or to be paid was or is not in accordance with the
provisions of this Ordinance; or
(b) the agreement was entered into in ignorance of, or under a mistake as
to, the true nature or the extent of the injury; or (Amended, 60 of 1986, s. 4)
(c) the agreement was obtained by such fraud, undue influence, misre- presentation or other improper means as would, in law, be sufficient ground for avoiding it.
(2) An application under subsection (1) shall be made within 6 months after the date of the signification of the Commissioner's approval of the agreement under section 17(5), or within such further time as the Court, in the circumstances of any particular case, thinks fit.
Appeals to the Court
(Added, 76 of 1982, s. 15)
18. (1) Subject to this section, an appeal shall lie to the District Court from any decision or assessment of the Commissioner, an Ordinary Assessment Board or a Special Assessment Board under section 16A, 16D, 16E, 16G or 16GA. (Amended, 31 of 1985, s. 10)
(2) No appeal shall lie after the expiry of 6 months from the date of the decision or, in the case of an assessment, of the date of issue of the relevant certificate under section 16A, 16F, 16G or 16GA, as the case may be: (Amended, 31 of 1985, s. 10 and 59 of 1988, s. 8}
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