KHAN UMAR HAYAT v. KWOK CHUN KAM AND ANOTHER

KHAN UMAR HAYAT v. KWOK CHUN KAM AND ANOTHER

The court accepted the evidence that the applicant was acting in the course of his employment (including acts incidental to work) when injured and found both the applicant and Kwok were employees of the 2nd Respondent; accordingly the 2nd Respondent was liable to pay statutory compensation under sections 9 and 10...

Source-derived case information.

Citation
KHAN UMAR HAYAT v. KWOK CHUN KAM AND ANOTHER
Parties
Applicant: Khan Umar Hayat; 1st Respondent: Kwok Chun Kam; 2nd Respondent: Eternity Logistics Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
17 September 2010
Case Number
DCEC210/2008
Procedural Posture
Employees Compensation Ordinance Claim / Judgment (district Court)
Outcome
Judgment for Applicant against 2nd Respondent (Eternity Logistics Limited); 2nd Respondent liable under Employees Compensation Ordinance; 1st Respondent not held liable separately.
Legal Topics
Course of Employment, Employer Identification, Vicarious Liability, Quantum of Damages
Source Language
en
Employment Law Workers' Compensation Personal Injury Course of Employment Employer Identification Vicarious Liability Quantum of Damages

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Parties

Khan Umar Hayat

Applicant

Kwok Chun Kam

1st Respondent

Eternity Logistics Limited

2nd Respondent

Procedural Posture

Employees Compensation Ordinance Claim / Judgment (district Court)

Legal Issues

  1. 1 Was the applicant injured in the course of employment?
  2. 2 Who was the applicant's employer: the 1st Respondent (sub-contractor) or the 2nd Respondent (principal)?

Ratio Decidendi

The court accepted the evidence that the applicant was acting in the course of his employment (including acts incidental to work) when injured and found both the applicant and Kwok were employees of the 2nd Respondent; accordingly the 2nd Respondent was liable to pay statutory compensation under sections 9 and 10 and the specified quantum was awarded (sick leave 12 months, permanent loss of earning capacity 7%, daily wage HKD500).

Court Disposition

Judgment for Applicant against 2nd Respondent (Eternity Logistics Limited); 2nd Respondent liable under Employees Compensation Ordinance; 1st Respondent not held liable separately.

Orders

  • 2nd Respondent to pay s.9 compensation for permanent loss of earning capacity: HKD 70,560
  • 2nd Respondent to pay s.10 compensation for sick leave: HKD 100,800