25 Mar 2022
HOSSAIN MD FARUK v. KHAN, FAQERGUL (簡誠諾) formerly known as KHAN, WAJID t/a PESHAWAR AUTO DISMENTLING & GENERAL TRADING CO.
- Citation
- [2022] HKDC 180
- Court
- District Court
- Case number
- DCEC1221/2017
The court found on the facts that there was an employment relationship between the respondent and the applicant because the applicant's evidence that Gul was the person-in-charge was not challenged and the respondent failed to place contradictory evidence before the court; the discretionary rule permitting illegal workers to recover compensation was applied; the court accepted monthly earnings of HK$6,500 and expert assessment of 5% loss of earning capacity and 40 days' sick leave, awarding HK$31,200 for loss of earning capacity and HK$6,933.33 for sick leave, total HK$38,133.33, with interes…