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.