| (1) |
If as a result of an accident an employee sustains permanent disablement and at the time of the accident— |
| (a) |
was an apprentice or in the process of being trained in any trade, occupation or profession; or |
| (b) |
was under 26 years of age, |
the Director-General shall determine the earnings of such employee in accordance with subsection (2) for the purpose of the calculation of the compensation in terms of section 49.
| (a) |
In the case of an employee referred to in subsection (1)(a), his earnings shall be calculated on the basis of the earnings to which a recently qualified person or a person in the same occupation, trade or profession with five years more experience than the employee would have been entitled at the time of the accident, whichever calculation is more favourable to the employee. |
| (b) |
In the case of an employee referred to in subsection (1)(b), his earnings shall be calculated on the basis of the earnings to which a person of 26 years of age would normally have been entitled if at the time of the accident he had been performing the same work as the employee or a person in the same occupation, trade or profession with five years more experience than the employee, whichever calculation is more favourable to the employee. |
Copyright Act, 1978
