CHAN SZE CHUNG v. 麥健秋 TRADING AS MING WAI CONSTRUCTION MATERIAL TRANSPORT

CHAN SZE CHUNG v. 麥健秋 TRADING AS MING WAI CONSTRUCTION MATERIAL TRANSPORT

Section 11(8) of the Employees Compensation Ordinance does not empower the court to compel the employer to provide lists of earnings of other employees; accordingly the applicant's summons seeking such an order is dismissed and the court will not grant the requested disclosure.

Citation
[2024] HKDC 1674
Parties
Applicant: Applicant; Respondent: Respondent
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
30 September 2024
Case Number
DCEC529/2023
Procedural Posture
Employees Compensation Claim (employees Compensation Ordinance) / Interlocutory Summons Under Sections 11(2) and 11(8) to Compel Disclosure of Earnings (19 Sep 2024)
Outcome
Applicant's summons dismissed.
Legal Topics
Employees Compensation Ordinance S11, Compelling Disclosure of Earnings, Calculation of Rate of Remuneration, Costs Assessment
Source Language
EN
Employment Workers' Compensation Civil Procedure Statutory Interpretation Employees Compensation Ordinance S11 Compelling Disclosure of Earnings Calculation of Rate of Remuneration Costs Assessment

Case Brief

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Parties

Applicant

Applicant

Respondent

Respondent

Procedural Posture

Employees Compensation Claim (employees Compensation Ordinance) / Interlocutory Summons Under Sections 11(2) and 11(8) to Compel Disclosure of Earnings (19 Sep 2024)

Legal Issues

  1. 1 Whether s11(8) of the Employees Compensation Ordinance empowers the court to compel an employer to produce lists of earnings of other employees.
  2. 2 Whether s11(2) requires an employer to state the average monthly income of other employees of similar earning capacity when the claimant has very short employment.
  3. 3 Whether the applicant is entitled to the order sought and the appropriate costs order.

Ratio Decidendi

Section 11(8) of the Employees Compensation Ordinance does not empower the court to compel the employer to provide lists of earnings of other employees; accordingly the applicant's summons seeking such an order is dismissed and the court will not grant the requested disclosure.

Court Disposition

Applicant's summons dismissed.

Orders

  • Dismiss the applicant's summons filed on 19 September 2024
  • Decline to order the respondent to file a list of earnings in respect of other employee(s)