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Article: Worker misconduct and the denial of claims under the employees' compensation ordinance

TitleWorker misconduct and the denial of claims under the employees' compensation ordinance
Authors
Issue Date2005
PublisherSweet & Maxwell Asia. The Journal's web site is located at http://www.hku.hk/law/hklj/
Citation
Hong Kong Law Journal, 2005, v. 35 n. 3, p. 651-670 How to Cite?
AbstractAn often overlooked feature of the Employees' Compensation Ordinance is that an employee who meets the basic requirements for a claim can nonetheless be denied compensation under certain provisions of the Ordinance, if his misconduct or his contribution to the injury is viewed as sufficiently serious. These provisions are rarely resorted to, but their potential should not be under-estimated. Moreover, these provisions overlap with each other, and contain certain internal contradictions. They also overlap with and to some degree contradict certain of the provisions establishing the basic qualifying conditions for compensation. This article will explore recent and historical case law in which these provisions have been interpreted and applied, and will consider the extent and effect of the overlap between them and the extent to which they overlap with and contradict the basic qualifying conditions. Some simple suggestions for reform will be proposed.
Persistent Identifierhttp://hdl.handle.net/10722/74951
ISSN
2015 Impact Factor: 0.215
2015 SCImago Journal Rankings: 0.101

 

DC FieldValueLanguage
dc.contributor.authorGlofcheski, Ren_HK
dc.date.accessioned2010-09-06T07:06:22Z-
dc.date.available2010-09-06T07:06:22Z-
dc.date.issued2005en_HK
dc.identifier.citationHong Kong Law Journal, 2005, v. 35 n. 3, p. 651-670en_HK
dc.identifier.issn0378-0600en_HK
dc.identifier.urihttp://hdl.handle.net/10722/74951-
dc.description.abstractAn often overlooked feature of the Employees' Compensation Ordinance is that an employee who meets the basic requirements for a claim can nonetheless be denied compensation under certain provisions of the Ordinance, if his misconduct or his contribution to the injury is viewed as sufficiently serious. These provisions are rarely resorted to, but their potential should not be under-estimated. Moreover, these provisions overlap with each other, and contain certain internal contradictions. They also overlap with and to some degree contradict certain of the provisions establishing the basic qualifying conditions for compensation. This article will explore recent and historical case law in which these provisions have been interpreted and applied, and will consider the extent and effect of the overlap between them and the extent to which they overlap with and contradict the basic qualifying conditions. Some simple suggestions for reform will be proposed.-
dc.languageengen_HK
dc.publisherSweet & Maxwell Asia. The Journal's web site is located at http://www.hku.hk/law/hklj/en_HK
dc.relation.ispartofHong Kong Law Journalen_HK
dc.rightsCreative Commons: Attribution 3.0 Hong Kong License-
dc.titleWorker misconduct and the denial of claims under the employees' compensation ordinanceen_HK
dc.typeArticleen_HK
dc.identifier.openurlhttp://library.hku.hk:4550/resserv?sid=HKU:IR&issn=0378-0600&volume=35&issue=3&spage=651&epage=670&date=2005&atitle=Worker+misconduct+and+the+denial+of+claims+under+the+employees%27+compensation+ordinanceen_HK
dc.identifier.emailGlofcheski, R: rick.glofcheski@hku.hken_HK
dc.description.naturepublished_or_final_version-
dc.identifier.hkuros112688en_HK
dc.identifier.volume35-
dc.identifier.issue3-
dc.identifier.spage651-
dc.identifier.epage670-

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