YAU KAM CHING v. MAN FAT COMPANY LTD

YAU KAM CHING v. MAN FAT COMPANY LTD

Court preferred applicant's evidence, found she was employed when injured and that crossing the road to fetch bowls for the communal meal was an activity reasonably incidental to her employment; accordingly the injury arose out of and in the course of employment and compensation under sections 9, 10 and 10A is...

Source-derived case information.

Citation
YAU KAM CHING v. MAN FAT COMPANY LTD
Parties
Employee/claimant: Applicant; Employer/respondent: Respondent
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
5 June 2013
Case Number
DCEC1400/2009
Procedural Posture
Employees Compensation Ordinance Claim (cap 282) / Judgment (deputy District Judge)
Outcome
Claim allowed; judgment for applicant
Legal Topics
Employee Status, Arising Out of and in the Course of Employment, Quantum of Compensation, Meal Time Clause, Witness Credibility
Source Language
en
Employment Law Personal Injury Workers' Compensation Insurance Employee Status Arising Out of and in the Course of Employment Quantum of Compensation Meal Time Clause +1 more

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Parties

Applicant

Employee/claimant

Respondent

Employer/respondent

Procedural Posture

Employees Compensation Ordinance Claim (cap 282) / Judgment (deputy District Judge)

Legal Issues

  1. 1 Whether the applicant was an employee of the respondent
  2. 2 Whether the injuries arose out of and in the course of employment
  3. 3 Calculation of compensation and entitlement to interest and costs

Ratio Decidendi

Court preferred applicant's evidence, found she was employed when injured and that crossing the road to fetch bowls for the communal meal was an activity reasonably incidental to her employment; accordingly the injury arose out of and in the course of employment and compensation under sections 9, 10 and 10A is payable with interest and costs.

Court Disposition

Claim allowed; judgment for applicant

Orders

  • Award HK$43,200 under section 9 for loss of earning capacity
  • Award HK$79,200 under section 10 for sick leave period