2011-04-18

Decision on Whether Employee’s Death Resulted from Work Duties

A recent court decision on the standard of judging whether an employee’s death resulted from his carrying out his employment duties is worthy of attention. In the case, the employee fell to his death from his dormitory while intoxicated after returning from a social dinner.

The employee’s wife filed litigation and claimed that her husband died in the course of undertaking his employment duties. However, the High Court decided against the claim, stating that (i) the incident happened two hours after the social dinner concluded, and this was not within the working time, and (ii) there was no causal relationship between the intoxicated state of the employee due to the social dinner and the employee’s falling.
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