THAPA KOMAL v. NORMAN LIANG t/a J. LIANG & SON

THAPA KOMAL v. NORMAN LIANG t/a J. LIANG & SON

On the balance of probabilities the claimant had been dismissed for unauthorised absence before the accident and therefore was not an employee at the time of injury; consequently the injury did not arise out of and in the course of employment and the claim under the Employees Compensation Ordinance fails.

Citation
THAPA KOMAL v. NORMAN LIANG t/a J. LIANG & SON
Parties
Applicant (claimant Employee): Thapa Komal; Respondent (employer/main Contractor): Respondent
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
19 September 2008
Case Number
DCEC352/2006
Procedural Posture
Employees Compensation Ordinance Claim / District Court Judgment (trial Concluded)
Outcome
Claim dismissed
Legal Topics
Employment Status, Course of Employment, Liability, Dismissal for Absenteeism, Credibility of Witnesses, Causation
Source Language
EN
Employment Law Personal Injury Workers' Compensation Employment Status Course of Employment Liability Dismissal for Absenteeism Credibility of Witnesses +1 more

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Parties

Thapa Komal

Applicant (claimant Employee)

Respondent

Respondent (employer/main Contractor)

Procedural Posture

Employees Compensation Ordinance Claim / District Court Judgment (trial Concluded)

Legal Issues

  1. 1 Whether claimant was an employee of the Respondent at the time of the accident
  2. 2 Whether claimant had obtained leave or was dismissed for unauthorised absence
  3. 3 Whether injury arose out of and in the course of employment

Ratio Decidendi

On the balance of probabilities the claimant had been dismissed for unauthorised absence before the accident and therefore was not an employee at the time of injury; consequently the injury did not arise out of and in the course of employment and the claim under the Employees Compensation Ordinance fails.

Court Disposition

Claim dismissed

Orders

  • Claim dismissed
  • Costs to Respondent to be taxed if not agreed with Certificate for Counsel