25Liability of employers to compensate workers for injuries

25 Liability of employers to compensate workers for injuries

(1)  If in any employment –

(a) [Section 25 Subsection (1) amended by No. 42 of 2007, s. 8, Applied:31 Oct 2007] a worker suffers an injury, not being a disease, arising out of or in the course of his employment; or

(b) [Section 25 Subsection (1) amended by No. 99 of 2000, s. 16, Applied:01 Jul 2001] [Section 25 Subsection (1) amended by No. 42 of 2007, s. 8, Applied:31 Oct 2007] a worker suffers an injury, which is a disease and to which his employment contributed to a substantial degree, within the meaning of section 3(2A) –

his employer is, except as is otherwise provided by this Act, liable to pay compensation in accordance with this Act –

(c) to the worker; or

(d) if the injury results in the death of the worker, to the persons who are the worker's dependants at the date of his death or who would, but for any incapacity due to the injury, have been his dependants.

(1A)  [Section 25 Subsection (1A) amended by No. 99 of 2000, s. 16, Applied:01 Jul 2001] *[Section 25 Subsection (1A) inserted by No. 16 of 1995, s. 24 ]*Compensation is not payable under this Act in respect of a disease which is an illness of the mind or a disorder of the mind and which arises substantially from–

(a) reasonable action taken in a reasonable manner by an employer to transfer, demote, discipline or counsel a worker or to bring about the cessation of a worker's employment; or

(b) a decision of an employer, based on reasonable grounds, not to award or provide a promotion, transfer or benefit in connection with a worker's employment; or

(c) reasonable administrative action taken in a reasonable manner by an employer in connection with a worker's employment; or

(d) the failure of an employer to take action of a type referred to in paragraph (a) , or in relation to a worker in connection with the worker's employment if there are reasonable grounds for not taking that action; or