Workmen's Compensation (Accidents) Convention, 1925 (No. 17) - St Helena

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 5 of the Convention. Benefits in the form of periodical payments paid throughout the contingency. Referring to its previous observation, the Committee notes the Government’s indication that the total amount of the compensation payable in case of employment injury is first calculated according to sections 5 and 6 of the Employees’ Compensation Ordinance (as amended in 2009), and subsequently deposited with the registrar and payable by way of periodical payments. Thus the Government ensures that the amount of compensation deposited is sufficient to ensure the payment of compensation throughout the contingency. The Committee notes in this respect that the above provisions establish maximum amounts of compensation; that is £8,000 in case of loss of the breadwinner, £9,000 in case of permanent total disablement and a proportionally reduced amount in case of permanent partial disablement. The Committee observes that given that the amounts of lump sums do not represent in each case the actuarial equivalent of the periodical payment that would have been paid, the funds deposited with the registrar could come to exhaustion within a few years, leaving the beneficiaries without any other source of income. The Government is therefore requested to explain what happens in case of exhaustion of the funds.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 5 the Convention. Benefits in the form of periodical payments paid throughout the contingency. Referring to its observation, the Committee notes that, in accordance with section 9 of the Employees’ Compensation Ordinance (as amended in 2009), compensation payable where the death or disablement of an employee has resulted from an injury has to be deposited with the registrar and that any sum so deposited will be paid by way of periodical payments. The Committee requests the Government to indicate how it is ensured that the amount of compensation deposited with the competent authority is sufficient to ensure the payment of compensation throughout the contingency.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 5 and 9 of the Convention. Benefits in the form of periodical payments. Free-of-charge medical, surgical and pharmaceutical aid. The Committee notes with satisfaction the adoption of the Employees’ Compensation (Amendment) Ordinance, enacted on 1 July 2009, amending the principal Ordinance so as to bring it into line with the Convention. In accordance with Article 5 of the Convention, section 9 of the Ordinance, as amended, provides that compensation payable where the death or disablement of an employee has resulted from an injury has to be paid by way of periodical payments to persons protected or their dependants. This provision also provides that compensation may be paid in a lump sum in cases where the responsible authority is satisfied that it will be properly utilized, as authorized by the Convention. The Committee also notes that, in conformity with Article 9 of the Convention, section 14 of the revised Ordinance provides that the employer or the insurer bears the cost of all medical aid and such surgical and pharmaceutical aid as is reasonably necessary in consequence of an occupational accident.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Government indicated that the Bill for an Ordinance, intended to bring the Workmen’s Compensation Ordinance into conformity with Articles 5 and 9 of the Convention, to which it had referred earlier, has not yet been enacted. It adds that the comments expected from the organizations to which the draft was sent have been received and that the draft would probably be processed by the legislator in the course of the next year. Noting this information, the Committee hopes that the legislation will be adopted in the very near future so as to give full effect to Articles 5 and 9 of the Convention. It would be grateful if the Government would provide a copy of the legislation in force with its next report.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Government indicated that the Bill for an Ordinance, intended to bring the Workmen’s Compensation Ordinance into conformity with Articles 5 and 9 of the Convention, to which it had referred earlier, has not yet been enacted. It adds that the comments expected from the organizations to which the draft was sent have been received and that the draft would probably be processed by the legislator in the course of the next year. Noting this information, the Committee hopes that the legislation will be adopted in the very near future so as to give full effect to Articles 5 and 9 of the Convention. It would be grateful if the Government would provide a copy of the legislation in force with its next report.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Government indicated that the Bill for an Ordinance, intended to bring the Workmen’s Compensation Ordinance into conformity with Articles 5 and 9 of the Convention, to which it had referred earlier, has not yet been enacted. It adds that the comments expected from the organizations to which the draft was sent have been received and that the draft would probably be processed by the legislator in the course of the next year. Noting this information, the Committee hopes that the legislation will be adopted in the very near future so as to give full effect to Articles 5 and 9 of the Convention. It would be grateful if the Government would provide a copy of the legislation in force with its next report.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Government indicates in its last report that the Bill for an Ordinance, intended to bring the Workmen’s Compensation Ordinance into conformity with Articles 5 and 9 of the Convention, to which it had referred earlier, has not yet been enacted. It adds that the comments expected from the organizations to which the draft was sent have been received and that the draft would probably be processed by the legislator in the course of the next year. Noting this information, the Committee hopes that the legislation will be adopted in the very near future so as to give full effect to Articles 5 and 9 of the Convention. It would be grateful if the Government would provide a copy of the legislation in force with its next report.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Government indicates in its last report that the Bill for an Ordinance, intended to bring the Workmen’s Compensation Ordinance into conformity with Articles 5 and 9 of the Convention, to which it had referred earlier, has not yet been enacted. It adds that the comments expected from the organizations to which the draft was sent have been received and that the draft would probably be processed by the legislator in the course of the next year. Noting this information, the Committee hopes that the legislation will be adopted in the very near future so as to give full effect to Articles 5 and 9 of the Convention. It would be grateful if the Government would provide a copy of the legislation in force with its next report.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Government indicates in its last report that the Bill for an Ordinance, intended to bring the Workmen’s Compensation Ordinance into conformity with Articles 5 and 9 of the Convention, to which it had referred earlier, has not yet been enacted. It adds that the comments expected from the organizations to which the draft was sent have been received and that the draft would probably be processed by the legislator in the course of the next year. Noting this information, the Committee hopes that the legislation will be adopted in the very near future so as to give full effect to Articles 5 and 9 of the Convention. It would be grateful if the Government would provide a copy of the legislation in force with its next report.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request which read as follows:

The Government indicates in its last report that the Bill for an ordinance to bring the Workmen’s Compensation Ordinance into line with Articles 5 and 9 of the Convention was not enacted as previously indicated because of the lack of response from the various organizations to whom the Bill was copied for comments. The Government adds that the matter was raised once again with a view to presenting a bill to the Legislative Council. The Committee notes this information and hopes that the legislation will be adopted in the very near future in order to ensure the full application of Articles 5 and 9 of the Convention. It would appreciate receiving a copy of the law as enacted when the report is next due.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

In reply to the Committee’s previous comments, the Government indicates in its last report that the Bill for an ordinance to bring the Workmen’s Compensation Ordinance into line with Articles 5 and 9 of the Convention was not enacted as previously indicated because of the lack of response from the various organizations to whom the Bill was copied for comments. The Government adds that the matter was raised once again with a view to presenting a bill to the Legislative Council. The Committee notes this information and hopes that the legislation will be adopted in the very near future in order to ensure the full application of Articles 5 and 9 of the Convention. It would appreciate receiving a copy of the law as enacted when the report is next due.

[The Government is asked to report in detail in 2002.]

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

In reply to the Committee's previous comments, the Government indicates that the legislation necessary to bring the Workmen's Compensation Ordinance into line with Articles 5 and 9 of the Convention has been drafted and will be presented to the Legislative Council at its next session. The Committee notes this information and hopes that the legislation will be adopted in the near future. It would appreciate receiving a copy of the law as enacted when the report is next due.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

In reply to the Committee's previous observation, the Government indicates that the necessary legislation to bring the Workmen's Compensation Ordinance into line with Articles 5 and 9 of the Convention is in the process of being drafted and will be presented to the Legislative Council at the earliest opportunity, and a copy will be sent to the ILO in due course. The Committee notes this information and hopes that the Government will amend the legislation in the very near future in order to ensure the full application of the Convention on the following points:

Article 5 of the Convention. Under this Article of the Convention, the compensation payable in case of death or permanent incapacity shall be made in the form of periodical payments, throughout the contingency, provided that it may be paid in a lump sum, if the competent authority is satisfied that it will be properly utilized, while the legislation provides only for payment of a lump sum (Workmen's Compensation Ordinance, section 4).

Article 9. A provision needs to be incorporated in the legislation expressly stipulating that medical, surgical and pharmaceutical aid will be provided free of charge, since the legislation provides only for payment of hospital expenses (Workmen's Compensation Ordinance, section 11A).

[The Government is asked to report in detail in 1996.]

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Further to its previous comment, the Committee notes that the latest amendments to the Workmen's Compensation Ordinance in 1988 and 1989 did not contain changes that would bring it into conformity with Articles 5 and 9 of the Convention. It notes, however, the Government's statement in its report that the Attorney General will take the matter up with the island's Executive Council, with a view to placing a recommendation before the Legislative Council. The Committee again expresses the hope that the Government will amend the legislation shortly to ensure the full application of the Convention on the following points:

Article 5 of the Convention. Under this Article of the Convention, the compensation payable in case of death or permanent incapacity shall be made in the form of periodical payments, throughout the contingency, provided that it may be paid in a lump sum, if the competent authority is satisfied that it will be properly utilised, while the legislation provides only for payment of a lump sum (Workmen's Compensation Ordinance, section 4, as amended):

Article 9. A provision needs to be incorporated in the legislation expressly stipulating that medical, surgical and pharmaceutical aid will be provided free of charge, since the legislation provides only for payment of hospital expenses (Workmen's Compensation Ordinance, section 11A, as amended):

The Committee would be grateful if the Government would supply the text of any relevant amendments once adopted.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matter raised in its previous direct request, which read as follows:

Article 5 of the Convention. In case of death or permanent incapacity the law provides only for payment of a lump sum (Workmen's Compensation Ordinance, section 4, as amended), whereas the Convention lays down the principle that periodical payments should be made throughout the contingency, allowing them to be converted into a lump sum provided that the competent authority is satisfied that it will be properly utilised.

Article 9. The Committee drew the Government's attention to the need to incorporate in the legislation a provision expressly stipulating that medical, surgical and pharmaceutical aid shall be provided free of charge as required by the Convention, since the law provides only for payment of hospital expenses (Workmen's Compensation Ordinance, section 11A, amended by Ordinance No. 2 of 1978).