3 Sept 2021
MOHAMMAD RAFIQ v. KIN HONG TRANSPORTATION CO LTD
- Citation
- [2021] HKDC 1109
- Court
- District Court
- Case number
- DCEC2994/2018
On balance of probabilities the respondent was not the applicant's employer at the time of the accident. The tribunal found the applicant's account inconsistent with contemporaneous statements to the Labour Department, improbable factual assertions (eg inability to recall phone number, manner of post-accident events), and inherently unlikely explanations; the respondent's witnesses and an authentic transport contract showing Chen as the contracting owner who engaged delivery labour were preferred. Accordingly the applicant's claim in employees' compensation was dismissed.