Fong Yuet Ha v Success Employment Services Limited CACV 100/2012

The Plaintiff, in the course of her employment, fell from a plastic stool; judgment on liability could not be established against the employer defendant - Fong Yuet Ha v Success Employment Services Limited CACV 100/2012.

Comment

Employers can rely on this decision to defend cases in which the tasks in question are simple, not dangerous and require no guidance from employers.

Background

The Plaintiff, fell from a plastic stool when she stood tiptoe on it to retrieve something from the shelf of a hanging cabinet. The court found that the retrieval of items on the upper shelf was a simple everyday act, and could not be viewed as anything dangerous or complicated.

Given the employee’s maturity and experience, she could be trusted to exercise her common sense to carry out the task without the need for the employer to prescribe a system of work or give specific instruction or advice on how the task should be done.