25 Sept 2020
VAN DER EIK v ACCIDENT COMPENSATION CORPORATION [2020] NZHC 2523
- Citation
- [2020] NZHC 2523
- Court
- High Court
Retiring leave under Police Regulations r79A is within the broad concept of "earnings as an employee" in s52(2)(a) but, insofar as it is a lump-sum paid on retirement, it falls within the bracketed exception as accrued long-service (or alternatively accrued holiday) leave pay and thus counts as earnings under s52; however it does not form part of "normal average weekly earnings" under s53 because the base entitlement existed from commencement of employment and was not accruing in the relevant pre-accident periods (weekly, 28-day, 12-month) and cannot fairly be apportioned into those averages,…