Accident Compensation Act 2001

Employee in permanent employment

Heading: amended, on 1 July 2010, by section 47(1) of the Accident Compensation Amendment Act 2010 (2010 No 1).

33 Weekly earnings if earner had earnings as employee immediately before incapacity commenced: application of clause 34

(1)

Clause 34 applies to a claimant who—

(a)

was an earner immediately before his or her incapacity commenced; and

(b)

was in permanent employment at that time; and

(c)

had earnings as an employee from that permanent employment at that time.

(2)

If the claimant had permanent employment with more than 1 employer at that time, the weekly earnings of the claimant, in respect of each employer he or she had at that time, are as calculated separately under clause 34 and aggregated under clause 41.

(3)

For the purposes of this clause and clause 34, the claimant is regarded as having been in permanent employment if, in the opinion of the Corporation, he or she would have continued to receive earnings from that employment for a continuous period of more than 12 months after the date on which his or her incapacity commenced, if he or she had not suffered the personal injury.

(4)

Subclause (5) applies if—

(a)

the claimant was in permanent employment (that was full-time employment) as an employee immediately before his or her incapacity commenced; and

(b)

before the employment, the claimant was employed by the same employer for less than 30 hours per week.

(5)

The weekly earnings of the claimant is the greater of—

(a)

the claimant’s weekly earnings calculated in accordance with clause 34:

(b)

the claimant’s weekly earnings calculated in accordance with clause 36, as if the claimant were not in permanent employment immediately before his or her incapacity commenced.

Schedule 1 clause 33: substituted, on 1 July 2010, by section 47(1) of the Accident Compensation Amendment Act 2010 (2010 No 1).