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31.3.4 Adjustments to NWE in respect to promotions


Subsection 8(7) says:

8(7) Subject to this section, if:

a)the employee continues to be employed by the Commonwealth or a licensed corporation after the date of the injury, and

b)the minimum amount per week payable to the employee in respect of that employment is increased because of the promotion of the employee

the normal weekly earnings of the employee before the injury, as calculated under the preceding subsections, shall be increased by the same percentage as the percentage by which that minimum amount per week is increased.

This means that all clients (both full-time and Reserve) are entitled to have their NWE adjusted to reflect pay increase resulting from actual, confirmed promotions i.e. those gained after the date of injury, up until the date of discharge.

In the case of a Reserve member, adjustment of NWE for promotion will include promotion in the member's civilian employment but only so long as the member is still serving in the Reserve Force at the time of the civilian promotion.

Note that only actual, confirmed promotions and not merely anticipated, potential promotions are subject to S8(7). See 31.3.6 for discussion of injuries during promotion courses and skills training etc.