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Thread: Is this an IOD?

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    Site Caretaker Dave A's Avatar
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    Is this an IOD?

    An employee uses his bike to go to work.
    On his lunch break, he goes off the work premises to go to the shops, and is injured in an accident.

    Would this constitute an IOD accident?
    The trouble with opportunity is it normally comes dressed up as work.

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    Platinum Member Mike C's Avatar
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    Hi Dave - I would think not ... as he was not engaged in business activity at the time. If he had gone on an errand for the business, then I imagine that it could be claimed.
    An education isn't how much you have committed to memory, or even how much you know. It's being able to differentiate between what you do know and what you don't. - Anatole France

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    Site Caretaker Dave A's Avatar
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    Quote Originally Posted by Mike C View Post
    If he had gone on an errand for the business, then I imagine that it could be claimed.
    Now this is exactly where things might get interesting.

    What if he was also getting some lunch items for other employees?
    The trouble with opportunity is it normally comes dressed up as work.

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    I guess that would depend on whether he was doing them a favour - at their request - or if he had been instructed - not merely given permission - to do so by his employer?

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    Dave you have a super bike which is used for deliveries? The new Yamaha R1 will be available from around march for about R240 000. I am sure you can also claim the vat back Then at least the employee would be covered for IOD.

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    Site Caretaker Dave A's Avatar
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    Quote Originally Posted by Richard S View Post
    I guess that would depend on whether he was doing them a favour - at their request
    He would be doing them (the other staff) a favour. Certainly not an official errand at all.
    The trouble with opportunity is it normally comes dressed up as work.

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    If not an official errand, then shouldn't be an IOD.

    We had an incident wherein an employee was injured by a company bus, that was transporting only employees, and it happened at the entrance gate to our premises, but because the injury didn't occur with the employee during the course of actual work, it wasn't accepted it as an IOD. In my view, our employee should have still been able to claim - but nonetheless...

    In the case that you've presented, it is my view that they most certainly would exclude the possibility of an IOD claim.

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    Hi

    Remember when dealing with IOD's of such nature, the question to be asked, Is he under instruction by he's employer (which includes he's managers, supervisors etc)?
    If not , IT would not be accepted as an IOD.

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    Hi MikeJohn

    Just to add to your case , when transport is provided free of charge to employees and in control by employer, there is strong grounds for that claim to be accepted.
    We have to bear in mind its not the employers call to make , it should be the Funds/Mutual organisations decision, unless its a very clear cut case.

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