s.6Method of calculating wages
6
Section 6Part 2 — Compensation

Method of calculating wages

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For the purposes of section 5 the monthly wages of a workman shall be calculated as follows —
where the workman has, during a continuous period of not less than twelve months immediately preceding the accident, been in the service of the employer who is liable to pay compensation, the monthly wages of the workman shall be one-twelfth of the total wages which have fallen due for payment to him by the employer in the last twelve months of that period;
in other cases, the monthly wages shall be thirty times the total wages earned in respect of the last continuous period of service immediately preceding the accident from the employer who is liable to pay compensation, divided by the number of days comprising such period; or
where the nature of the employment is casual, or where by reason of the shortness of the time during which the workman has been in the employment of his employer, the absence of proper records of the workman’s earnings or the terms of employment, it is impracticable at the time of the accident to apply the method of computation set out in paragraph (b), the monthly wages of the workman shall be deemed to be —
the average monthly amount, which, during the twelve months immediately preceding the accident, was being earned by a workman in the same grade employed at the same work by the same employer, or, if there is no such workman so employed, by a person in the same grade employed in the same class of employment and in the same district; and
in any event, not less than twelve dollars per month: Provided that if the amount of the monthly wages arrived at by a calculation under paragraph (a), (b) or (c) is more than eighty dollars such monthly wages shall be assumed to be eighty dollars.
A period of service shall, for the purposes of subsection (1), be deemed to be continuous if it has not been interrupted by a period of absence from work exceeding fourteen days.

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