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Labour Relations Act, 1995 (Act No. 66 of 1995)

Notices

Motor Industry Bargaining Council (MIBCO)

Motor Industry Sick, Accident and Maternity Pay Fund Rules, 2019

Annexures

Annexure A: Exclusions (Sick, Accident and Maternity Pay Fund)

 

ANNEXURE “A”

 

EXCLUSIONS (SICK, ACCIDENT AND MATERNITY PAY FUND)

 

1.1 Notwithstanding anything to the contrary contained in these Rules, the Fund shall not be liable for payment of sickness or accident pay in connection with illness or incapacity arising from or connected with:

 

1.1.1 venereal disease, misconduct or excessive indulgence in intoxicating liquor or drugs; temporary or permanent insanity;

 

1.1.2 treatments or operations for purely cosmetic purposes, obesity including pickwickian syndrome, infertility and artificial insemination as described by The Human Tissue Act, Act 65 of 1983 and any further additional claims resulting from the above treatments;

 

1.1.3 any accident which in the opinion of the MSSC should not be a charge upon the Fund;

 

1.1.4 any accident which occurred twelve calendar months or more before the absence to which a claim relates;

 

1.1.5 injuries sustained by a member the cause of or arising out of willful self-injury; professional sport, speed contests and speed trials;

 

1.1.6 any accident which is covered by the Compensation for Occupational Injuries and Diseases Act, 1993 (Act No 130 of 1993).

 

1.2 In relation to a member any event which is connected with

 

1.2.1 Sky-diving, gliding, parachuting, skin-diving, waterskiing, snow skiing, artificial snow-skiing, parasailing, windsurfing;

 

1.2.2 Flying—
(i) in an aircraft as one of the crew;
(ii) in an aircraft for the purposes of undertaking trade or technical operations therein or thereon;
(iii) in any helicopter, glider, pre-World War II or war built aircraft;
(iv) in privately-owned or chartered aircraft other than on the instructions of his employer;

 

1.2.3 Mountaineering with the use of guides or ropes, participating in winter sports, polo, steeple-chasing or big game hunting;

 

1.2.4 Riding a motor cycle, motor scooter or mechanically assisted pedal cycle as passenger otherwise than in the course of employment; provided that claims may be accepted from members in respect of injuries sustained whilst travelling from his home to his place of work and vice versa;

 

1.2.5 War, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution or rioting.

 

1.2.6 Any costs associated with any procedure, illness or treatment specifically excluded in terms of the Rules of the MotoHealth Care Fund, as amended from time to time. Details of such procedures, illnesses or treatments may be obtained from the website of the MotorHealth Care Fund.