Catlow v Accident Compensation Commission

For the reasons already given, s. 95(1), contrary to the opinion of the Tribunal division, did not require an aggregation of the hours actually worked during the twelve months period. Moreover, the Tribunal division was in error in assuming that what s. 95(1) required was a "simple" average weekly rate and that the divisor was always to be fifty-two. A simple average would lead to unfairness in many cases. The correct approach is to obtain a weighted average after deducting periods where the worker was off work on compensation.

In the present case the pre-injury average weekly earnings were $363.50. This figure was calculated as follows: $357 × 12 weeks (excluding 12 weeks on compensation) = $4,284.00 $365.40 × 18 weeks (as from 13 April 1985) = $6,577.20 $367.90 × 10 weeks (as from August 1985) = $ 3,679.00 $14,540.20 Total earnings divided by 40 weeks = $ 363.50