15 Dec 2020
CHEUNG TAK HING v. 文佑德經營泉興裝飾公司 AND ANOTHER
- Citation
- [2020] HKDC 1150
- Court
- District Court
- Case number
- DCEC1809/2018
Considering totality of indicia — degree of control by respondent, provision and storage of equipment by respondent, respondent bearing financial risk, payment pattern, exclusivity and documentary admissions — court found applicant was an employee; the accident occurred in course of employment and was not due to serious and wilful misconduct; applicant's monthly earnings for month preceding accident found to be HK$32,500 (HK$1,250 x 26 days) for computation; statutory cap applied for section 9; consequently compensation awards as calculated followed.