Section 10: Rules for determining wages

10. Rules for determining wages (1) In this Act— “average weekly wages” shall be computed in the manner best calculated to give the rate per week at which the workman was being remunerated, but shall not include— (a) remuneration for overtime not habitually performed or for casual overtime remunerated at a special rate; or (b) any sums paid by the employer to the workman to cover any special expense entailed on the workman by the nature of his work; “wages” means the average weekly wages of the workman before the accident, whether the wages are paid at a rate per hour, per day, per month or per year; “year’s wages” means the sum which the workman would have earned in wages in the 12 months after the accident, had he continued to be employed at the same work and on the same terms of remuneration as before the accident. (2) Where a workman’s wages are fixed at a rate calculated on work done, his wages shall be the average of his weekly earnings at similar employment on the same terms of remuneration for as long a period as possible before the accident but not exceeding 12 months. (3) (a) Where by reason of the shortness of the time which the workman has been in the employment of the employer, or the casual nature of the employment, or the terms of the employment, it is impracticable, at the date of the accident, to compute the average weekly wages of the workman, the average weekly wages shall be computed if possible, by having regard to the earnings during the 12 months before the accident— (i) of the workman at similar employment at the same terms of remuneration with another employer; W9 – 7 [Issue 1] Workmen’s Compensation Act (ii) of other workmen with the employer at similar employment on the same terms of remuneration; or (iii) of a person in similar employment on the same terms of remuneration in the same districts. (b) For the purposes of paragraph (a), regard shall be had to persons whose employment has been uninterrupted by absence from work due to illness or any other unavoidable cause. (4) Where a workman has entered into concurrent contracts of service with 2 or more employers under which he worked at one time for one employer and at another time for another employer, his average weekly wages shall be computed as if his earnings under all the contracts were earnings in the employment of the employer for whom he was working at the time of the accident. (5) On request of the workman to the employer liable to pay compensation, that employer shall furnish in writing a list of the earnings of the workman on which the amount of the average weekly wages may be calculated for the purpose of determining the amount of any compensation payable under this Act.