4 Apr 2019
IP PUI FAI 對 黃錦陽
- Citation
- [2019] HKDC 461
- Court
- District Court
- Case number
- DCEC688/2016
The court accepted claimant's evidence as more credible, applied the multi‑factor employment test and found claimant was a temporary employee of respondent; respondent therefore liable. Court applied s11(2) to fix monthly earnings at HK$31,250, substituted 2% for permanent loss of earning capacity (replacing the committee's 1%), accepted 134 days' incapacity and medical expenses, and awarded total compensation HK$151,104 plus interest and costs (with an exception for the expert's supplemental report). The earlier order directed at Century was rescinded for fairness given procedural doubts.