On 19/06/2013,
you requested for the version in force on 19/06/2013
incorporating all amendments published on or before 19/06/2013.
The closest version currently available is that of 27/02/2008.
10. Sections 7 and 8 of the principal Act are repealed and the following Division heading and sections substituted therefor:
7. The amount of compensation under this Act in respect of any personal injury of an employee caused by accident arising out of and in the course of his employment shall be computed in accordance with the Third Schedule.
8.
—(1) For the purposes of this Act, the earnings of an employee shall be computed in such manner as is best calculated to give his true monthly earnings at the date of the accident, subject to the following provisions:
(a)
where the employee has been employed by the employer for whom he was working at the time of the accident for a continuous period which is more than a month immediately preceding the accident, his monthly earnings shall be the average amount of his earnings during the continuous period of not more than 12 months immediately preceding the accident;
(b)
where the employee has been employed by the employer for whom he was working at the time of the accident for a continuous period which is a month immediately preceding the accident or shorter, his monthly earnings shall be the actual earnings he would have received for the whole month immediately preceding the accident; and
(c)
where reliable evidence of the earnings of the relevant employee under paragraph (a) or (b) does not exist or cannot be adduced without undue delay or expense, regard may be had to evidence of the earnings of employees employed on similar work in the same locality at or about the date of the accident.
(2) Where an employee is employed under contracts of service with 2 or more employers under which he worked at one time for one such employer and at another time for another such employer, his monthly earnings shall be computed as if his earnings under all such contracts were earnings in the employment of the employer for whom he was working at the time of the accident, except contracts of service that the last-mentioned employer does not know.”.