Photo Credit: South China Morning Post
A Hong Kong court has ordered Foodpanda, the on-demand food delivery service, to pay over HK$1.3 million (approximately 5.4 million baht) in compensation to a rider who was injured during a tropical storm five years ago. The court found that the company failed to ensure the safety of its employee during extreme weather conditions.
The High Court’s decision, announced on Wednesday, favored Farooq Ahmed Khan after it was determined that his former employer had exposed him to unnecessary risks due to the lack of proper safety protocols.
Khan, 53, worked as a rider for Foodpanda, delivering food on his own motorcycle, for which he covered his own expenses. Earlier this year, during the trial, he explained that he was knocked off his motorcycle by a strong gust of wind while heading home after completing three orders around 11 pm on August 18, 2020. He was unaware that a typhoon signal No. 8 had been issued before he decided to ride home.
He sustained injuries to his back, right knee, and right fingers. Medical professionals granted him 785 days of sick leave, and he also reported symptoms of depression, loss of interest, as well as persistent flashbacks and nightmares related to the incident.
Foodpanda’s parent company, Delivery Hero, a Berlin-based firm, argued that they had provided sufficient warnings about worsening weather conditions, and that riders were free to continue accepting orders at their own risk.
However, Deputy Judge Andrew Li Shu-yuk dismissed this claim as “totally disingenuous,” noting that the company had exerted significant pressure on workers to accept jobs even during severe weather, as their earnings and performance ratings depended on fulfilling a certain number of deliveries.
The judge stated that Khan was partly responsible for his injuries by ignoring warnings and failing to find a safe shelter, also remarking that Khan overstated his impairments during the trial. Nevertheless, the judge emphasized that this did not absolve Foodpanda of liability for not implementing and enforcing a safe working system.
Li pointed out that the company had put its employees in dangerous situations by requiring them to work after the Typhoon Signal No. 8 was raised, just because they needed to complete pending orders made prior to the warning. The court also dismissed the defense’s argument that it was impossible to halt order acceptance quickly due to the automation system being managed in Germany, criticizing this reasoning as inadequate justification for exposing workers to risk.
The court awarded Khan HK$2.7 million in damages for pain and suffering, lost earnings, and medical expenses. This amount was reduced by 20% to account for his own contributory negligence. Since Khan had previously received nearly HK$818,000 through the Employees’ Compensation Ordinance, Foodpanda still owes him HK$1.34 million.
Foodpanda has yet to comment on the ruling.