| (a) |
the value of any food or quarters or both supplied by such owner up to the said date; |
| (b) |
any overtime payment or other special remuneration in cash or in kind of a regular nature or for work ordinarily performed, |
but which shall exclude—
| (i) |
payment for intermittent overtime; |
| (ii) |
payment for non-recurrent occasional services; |
| (iii) |
amounts paid by such owner to the person to cover any special expenses; |
| (iv) |
ex gratia payments whether by such owner or any other person. |
| (2) |
If a person’s remuneration is determined in accordance with a rate calculated upon work performed, his earnings shall be deemed to be his remuneration for similar work upon the same conditions of remuneration for as long a period as possible prior to the date contemplated in section 49 but not exceeding 12 months. |
| (3) |
If by reason of the short duration of the service of a person with the owner of a controlled mine or a controlled works it is impracticable to calculate his earnings in such service, his earnings shall, if possible, be calculated on the basis of the amount which the person with similar work at the same conditions of remuneration earned with another owner of a controlled mine or a controlled works during the 12 months immediately prior to the date contemplated in section 49, or on the basis of the amount which during the 12 months immediately prior to the said date was earned by other persons in the service of the firstmentioned owner with similar work and on the same conditions of remuneration, or would have been earned by the person during the previous 12 months had he or she been so employed. |
| (4) |
If a person has entered into contracts of service with two or more owners and has in terms of those contracts worked at one time for one owner of a controlled mine or a controlled works and at another time for another owner of a controlled mine or a controlled works, his earnings shall be calculated as if his earnings under all such contracts were earnings in the service of the owner for which he or she was working at the date contemplated in section 49. |
| (5) |
If in the opinion of the commissioner it is not practicable to calculate the earnings of a person in accordance with the preceding provisions, the commissioner may calculate those earnings in such manner as he or she may deem equitable, but with due regard to the principles laid down in those provisions. |
| (6) |
This section shall not be construed as prohibiting the calculation of earnings on a weekly basis, but where earnings are so calculated the monthly earnings shall be calculated as equal to four and one-third times the amount of such weekly earnings. |
| (7) |
For the purposes of this section, section 36A (3) shall apply mutatis mutandis. |
[Section 80A inserted by section 27 of the Occupational Diseases in Mines and Works Amendment Act, No. 208 of 1993]
Statistics Act, 1999
