Read the full judgment text of CACV 319/2007 on BabelCite. This Court of Appeal judgment was delivered on 13 June 2008 before Yeung JA, Yuen JA, Chung J.
Civil law – Employees' Compensation Ordinance (Cap. 282) – calculation of monthly earnings – employee employed for less than one month when injured – interpretation of s.11(1)(b) – whether 'lesser period' can refer to a period of less than one month – purposive and flexible interpretation adopted – s.11(1)(b) applicable to period shorter than one month – application of s.11(2) where s.11(1) inapplicable – s.11(5) and Sixth Schedule not applicable in absence of evidence under s.11(2) – daily wage of $700 x 20 working days = $14,000 monthly earnings – compensation under s.9 ($14,000 x 72 x 25% = $252,000), s.10 ($14,000 x 4/5 x 1089/365 x 12 = $400,990.68), and s.10A ($31,915) – total $684,905.68 – less $116,200 already paid – net payable $568,705.68 – appeal allowed – original award of $78,496.25 substituted – no order as to costs – Applicant's own costs taxed in accordance with Legal Aid Regulations.
Legal issues: Interpretation of 'lesser period' in s.11(1)(b) of the Employees' Compensation Ordinance · Whether s.11(5) and the Sixth Schedule applied in the absence of s.11(2) evidence
Outcome: Applicant's appeal allowed; original award of $78,496.25 substituted with compensation of $568,705.68.
Cites 3 cases