5 Jul 2024
KWOK KA LAI RICKY 對 EXCELLENT TRANSPORTATION (H.K.) LTD
- Citation
- [2024] HKDC 1117
- Court
- District Court
- Case number
- DCEC2378/2021
On the totality of evidence the court found the applicant was integrated into the respondent's operation and subject to its control (fixed start time, rostered rest day, obligation to follow instructions, wearing company uniform, allocation of helpers, monthly pay and employee number), bore no substantial commercial risk nor enjoyed business profits or management responsibilities; therefore he was an employee. Compensation was assessed under Cap. 282 ss.9,10 and 10A using the applicable statutory caps and deductions for post‑injury earnings and amounts already paid, yielding a total award of…