Accident Compensation Act 2001

Employee not in permanent employment

35 Weekly earnings if earner had earnings as employee not in permanent employment immediately before incapacity commenced: application of clause 36

(1)

Clause 36 applies to a claimant who—

(a)

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

(b)

had at that time earnings as an employee (from employment that was not permanent employment).

(2)

For the purposes of this clause and clause 36, employment is not permanent employment if, in the opinion of the Corporation, the claimant would have not 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.

Schedule 1 clause 35: substituted, on 1 July 2010, by section 47(1) of the Accident Compensation Amendment Act 2010 (2010 No 1).