Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Discretion under section 2(2) eco

Legal area

Court

11 Jun 2021

NUR ALAM v. CHENG TSZ KIN t/a K & Y TRANSPORT

Citation

[2021] HKDC 701
Court

District Court
Case number

DCEC1210/2017

Applicant was an employee based on contemporaneous documentary evidence and Whatsapp/voice instructions from respondent; driver was respondent's employee; court exercised discretion under s2(2) ECO to treat illegal employment as valid because the work was lawful; accepted Board's Form 7 under s16H; calculated compensation under s9 (HK$524,160) and s10 extended under s10(5) to 36 months (HK$374,400), deducted payments already received (HK$30,000), awarded interest and costs nisi accordingly.
12 Jan 2011

ABU BAKKR SHIDDIK v. M M & CO AUTO PARTS, DISMANTLING AND GENERAL (A FIRM)

Citation

ABU BAKKR SHIDDIK v. M M & CO AUTO PARTS, DISMANTLING AND GENERAL (A FIRM)
Court

District Court
Case number

DCEC903/2009

Although the claimant was not lawfully employable and the employment was unlawful under the Immigration Ordinance, the court exercised its discretion under section 2(2) ECO in favour of the claimant because he was employed to carry out lawful work, the employer was responsible and policy considerations supported recovery; claimant awarded 31.5% loss of earning capacity resulting in HK$120,960. The court refused an award under section 10 because the claimant was not lawfully employable during the period of temporary incapacity and therefore not capable of earning in suitable employment.