Hong Kong Case Law: Decisions & Judgments

Topic

Sick leave entitlement

Legal area

Court

15 Mar 2017

YAU WANG NGAI v. WIN ELITE INTERNATIONAL LTD

Citation

YAU WANG NGAI v. WIN ELITE INTERNATIONAL LTD
Court

District Court
Case number

DCEC1536/2013

Tips were excluded from earnings because not known to or recognized by employer; on fresh consideration of all evidence including joint medical reports and surveillance the court fixed permanent loss of earning capacity at 5% and total temporary incapacity (sick leave) until 30 April 2012 (245 days); medical expenses agreed at HK$10,000; total award calculated, prior periodic payments deducted, interest ordered and costs directions given.
31 Oct 2013

LAM KAM FAI v. YAU SHING SCAFFOLDING CO LTD AND ANOTHER

Citation

LAM KAM FAI v. YAU SHING SCAFFOLDING CO LTD AND ANOTHER
Court

Court of First Instance
Case number

HCPI894/2011

Judge accepted the jointly appointed orthopaedic expert Dr Chun's conclusion that the plaintiff had largely recovered by mid-2010, was fit to return to scaffolding with mild reduction in efficiency, and that an old non-union fracture contributed 30% to overall impairment; awarded specified sums for pain and suffering (with 10% future discount), pre-trial loss of earnings (20.3 months), loss of future earning capacity (reduced by 30% for pre-existing injury) and special damages, dismissed exaggerated claims and post-trial lost earnings claims.
8 Mar 2013

ALI LIAQAT v. GO SING WASHING CO O/B TINDEX LTD

Citation

ALI LIAQAT v. GO SING WASHING CO O/B TINDEX LTD
Court

District Court
Case number

DCEC1571/2010

The judge found the contemporaneous medical notes, attendance records, delay in recording back pain and inconsistencies in the applicant's testimony meant the back pain was not caused by the 18 January 2009 workplace accident; medical evidence showed the eye injury produced no permanent visual disability so permanent loss of earning capacity was assessed at 0%; sick leave certificates attributable to eye injury (including those listing both eye and back) were counted in full; section 10 compensation calculated at $12,672.00 less a credit for $11,604.00 advance resulted in net award of $1,068.…
8 Oct 2010

KAN WAI MING v. HONG KONG AIRPORT SERVICES LTD

Citation

KAN WAI MING v. HONG KONG AIRPORT SERVICES LTD
Court

District Court
Case number

DCEC1012/2009

Court preferred respondent orthopaedic expert (Dr Chun) over applicant's expert, found claimant exaggerated and expanded symptoms, accepted some minimal permanent disability and assessed permanent loss of earning capacity at 0.5%; found genuine period of temporary incapacity to be 355 days and assessed s9, s10 and s10A amounts accordingly; assessed total compensation at HK$100,017.86 but made no further award and ordered the applicant to pay the respondent's costs (nisi order) to reflect abuse and overpayment history.
17 Jun 2008

CHING WING LIK v. 謝貽朗 t/a WAI SHUN ENGINEERING CO AND ANOTHER

Citation

CHING WING LIK v. 謝貽朗 t/a WAI SHUN ENGINEERING CO AND ANOTHER
Court

Court of First Instance
Case number

HCPI26/2008

Leave to appoint a psychologist was refused because the Plaintiff's psychiatrist report established only a mild adjustment disorder with no effect on return to work, the Plaintiff is under ongoing psychiatric treatment, the dispute is narrow and can be resolved without a psychologist, and duplicative expert evidence is not warranted.
22 May 2008

TAM SHIU WAN v. SHUN SHING CONSTRUCTION & ENGINEERING CO LTD

Citation

TAM SHIU WAN v. SHUN SHING CONSTRUCTION & ENGINEERING CO LTD
Court

District Court
Case number

DCEC119/2005

On the balance of probabilities the assault at work substantially contributed to the Applicant's neck injury and psychiatric condition; the Board's approval of medical certificates and consistent specialist documentation supported allowing certified sick leave up to 33 months and 15 days; apportionment was rejected; loss of earning capacity assessed at 5% (2% neck, 3% psychiatric); monthly earnings taken as $10,815; compensation calculated under ss.9,10 and 10A producing a net award of $330,540 plus interest and costs.
20 Jun 2005

CHAN MAN FU v. LEO TOP DEVELOPMENT LTD

Citation

CHAN MAN FU v. LEO TOP DEVELOPMENT LTD
Court

District Court
Case number

DCEC1415/2003

The court accepted the Applicant's evidence that the agreed monthly salary was HK$8,000 (despite employer records of HK$6,800), reduced the certified sick leave period by eight days to 55 days, assessed permanent loss of earning capacity at 2%, and ordered compensation computed on HK$8,000 monthly resulting in a total award of HK$27,584.33 plus interest and costs nisi.
4 Apr 2005

CHUNG SHEK NIN v. YAM KEE CONSTRUCTION CO LTD AND ANOTHER

Citation

CHUNG SHEK NIN v. YAM KEE CONSTRUCTION CO LTD AND ANOTHER
Court

District Court
Case number

DCEC1102/2003

The court accepted the Medical Board's 7% loss of earning capacity given evidence of exaggeration and medical opinion, limited sick leave entitlement to the period up to 16/9/03 based on medical certificates and MMI findings, and applied the statutory formulae to compute awards, resulting in a net judgment for the Applicant of $89,093.52 plus interest and costs.