Common use of Partial incapacity Clause in Contracts

Partial incapacity. Where an employee is partially incapacitated within the meaning of the Act, the term Accident Pay means a weekly payment of an amount representing the difference between: (a) The total amount of compensation paid to the employee during the period of incapacity under the Act for the period in question together with the average weekly amount they are earning; and (b) the total weekly rate payable under this Agreement inclusive of casual loadings, as varied from time to time, and any weekly over-Agreement payment being paid to the employee at the date of the injury which would have been payable for the employee’s classification for the week in question if they had been performing their normal duties, provided that: in making such calculation any payment for overtime earnings, shift premiums, penalty rates and any other ancillary payment payable by the employer shall not be taken into account.

Partial incapacity. Where an employee is partially incapacitated within the meaning of the Compensation Act, the term Accident Pay means a weekly payment of an amount representing the difference between: (a) The total amount of compensation paid to the employee during the period of incapacity under the Compensation Act for the period in question together with the average weekly amount they are earning; and (b) the total weekly rate payable under this Agreement inclusive of casual loadings,, as varied from time to time, and any weekly over-Agreement payment being paid to the employee at the date of the injury which would have been payable for the employee’s classification for the week in question if they had been performing their normal duties, provided that: : (i) in making such calculation any payment for overtime earnings, shift premiums, penalty rates and any other ancillary payment payable by the employer Employer shall not be taken into account.