Normal weekly hours - s 4(1)

Normal weekly hours - s 4(1)

“Normal weekly hours” is defined in s 4(1):

“normal weekly hours”, in relation to an employee, means the average number of hours (including hours of overtime) worked in each week by the employee in his or her employment during the relevant period as calculated for the purpose of applying the formula in subsection 8(1) or (2);

NWH is based on average number of hours worked in each week by the Reservist client in his or her employment (both Reserve and civilian) during the relevant period as calculated for the purpose of applying the formula in subsections 8(1) or (2).  The relevant period is taken under the Act to be the “latest period of 2 weeks before the date of the injury”.

NWH in Reserve service

Normal weekly hours (NWH) becomes an issue where compensation is being calculated in relation to period after the first 45 weeks of incapacity.  Section 19(3) requires a comparison between the number of hours worked in a particular week and the client's NWH.

Indman 2-Manual of Pay and Conditions of Service for Reserve Forces states that members of the Reserve Forces on Reserve service, apart from those officers who hold special appointments, shall be credited with pay as follows:

1. for a period of not less than six hours – one day's pay;

2. for a period of less than six hours but not less than three hours – one-half day's pay;
3. for a period of less than three hours but not less than two hours – one-third day's pay; and
4. for a period of not less than one hour but less than two hours - one-sixth day's pay.

Calculation of NWH for Reserve service

NWH for Reserve service is calculated using the following formula:

Reserve NWH  =(6 hrs  x  Annual Parades)  x  6/313

Annual Parades  =the number of parades attended during the past 12 months

Example - NWH for a member who attended 70 parades:

(where each parade is not less than 6 hours)

=              (6 x 70)  x  6/313

=              420 x 6/313

Reserve NWH=              8.05 hours

Civilian NWH=              36.75 hours

TOTAL NWH=              44.8 hours

For information regarding rank and pay level and previous days/parades attended, DEFPAC (Reserve Pay Section) should be contacted.

For information concerning parades that client would have reasonably been expected to attend, the Unit Commander should be contacted.

Refer standard Letters Accept 03 and Incap 12.