OHSE3720-Occupational Health and Safety

Question 1

David, aged 45 was employed as a car driver for a company director. The Company, Dockers Pte Ltd was insured by AVA Insurance. David’s working hours were 9.00am to 6.00pm on weekdays and 9.00am to 1pm on Saturdays. David reported for work at 8.30 am at the director’s home using his own motor cycle as it made it easier for him to travel the distance from his home to the director’s home. This was not a term of his employment that he must own a motor cycle. However, he was allowed to claim overtime for reporting at the director’s home from 8.30am to 9.00am. On 13 October 2016, on his way to work at about 8.15am, he met with an accident with another motor car and died. David leaves behind his wife and an adopted child aged 14 as dependents.

(a) Explain whether or not David’s dependents can claim under the Work Injury Compensation Act [Cap 354, Rev Ed.2009].

(b) Explain whether it would have made a difference if “having a motor cycle” was a term of David’s employment.

(c) Assuming that David’s dependents can claim under the Work Injury Compensation Act and at the time of his death, his average monthly earnings was $ 2,200, what is the compensation payable to his dependents? [Multiplier is 102]

(d) What were the changes made to Work Injury Compensation Act in respect of compensation in 2016? 

Quesestion 2

(a) From 1 April 2019, the Employment Act is amended to include various changes and coverage. List out at least three (3) main changes to the Employment Act that came into force from 1 April 2019?

(b) Briefly explain the reasons for the recent changes in 2019 to the Employment Act? 

(c) Andrew works as head cashier at a franchise outlet in Yishun and earns $2,500 per month. On 2 April 2019, his employer decided to dismiss him because he called his employer and reported sick and sent them a medical certificate issued by Yishun Polyclinic instead of the Company’s doctor. The Company only accepted the Company’s doctor’s medical certificate. Advice Andrew as to his rights under the Employment Act?