70Computation of normal weekly earnings

70 Computation of normal weekly earnings

(1)  *[Section 70 Subsection (1) amended by No. 16 of 1995, s. 48 ]*For the purposes of section 69 , a reference to the normal weekly earnings of a worker shall be construed as a reference to the normal weekly earnings of the worker as determined by subsection (2) .

(2)  *[Section 70 Subsection (2) amended by No. 16 of 1995, s. 48 ]*The normal weekly earnings of a worker shall be determined in accordance with the following provisions:

(a) in computing normal weekly earnings, regard is to be had to the principle that, subject to this Act, a worker should receive no more than the worker would have received if the worker had continued in the worker's usual employment;

(ab) in computing normal weekly earnings, any component of the worker's earnings attributed to overtime or excess hours is to be disregarded unless –

(i) the overtime or excess hours was or were a requirement of the worker's contract of employment; and

(ii) the worker worked overtime or excess hours in accordance with a regular and established pattern and in accordance with a roster; and

(iii) the pattern was substantially uniform as to the number of overtime or excess hours worked; and

(iv) the worker would have continued to work overtime or excess hours in accordance with the established pattern if the worker had not been incapacitated;

(ac) in computing normal weekly earnings, any amounts paid to the worker at the discretion of the worker's employer by way of bonus, gratuity or other similar payment is to be excluded;

(b) [Section 70 Subsection (2) amended by No. 42 of 2007, s. 17, Applied:31 Oct 2007] where, at the commencement of the period of incapacity, the worker has contracts of service with 2 or more employers, his or her normal weekly earnings are to be computed as the sum of the average weekly earnings in each employment as if his or her earnings under both or all of those contracts were earnings in the employment of the employer for whom he or she was working at the commencement of the period of incapacity;

(c) .  .  .  .  .  .  .  .