22 Nov 2001
Wilks v Accident Compensation Corporation
- Citation
- [2001] NZACC 324
- Court
- District Court
The court held the appellant remained an "earner" despite being on unpaid leave because her contract subsisted; clause 9(3) expressly permits excluding full or part weeks of unpaid leave from the 52-week divisor when calculating weekly earnings, so the appellant is entitled to earnings-related compensation calculated by excluding unpaid weeks, yielding a weekly entitlement of $787.11.