Section 9 (4) states that:
“If, during any part of the period calculated under the preceding subsections, the employee's earnings were reduced, or the employee did not receive any earnings, because of absence from his or her employment for any reason, that part of that period shall be disregarded for the purposes of calculating the relevant period.”
Any part of the relevant period where an employee either:
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did not receive any earnings; or
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was absent from employment, and in receipt of reduced or no earnings
must be disregarded.
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Example |
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An employee was on leave without pay (LWOP) for the first week of the relevant period of 2 weeks. |
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Therefore, as section 9 (4) allows that first week to be disregarded, the relevant period becomes the second week only. |
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Example |
While the relevant period may be from 2 to 12 weeks, this sometimes needs to be adjusted. In the above case, the 2 day strike period is ignored and the relevant period becomes 8 days or 1.6 weeks.