Five years ago, a 48-year-old Foodpanda delivery rider was involved in a traffic accident while working during the issuance of Typhoon Signal No. 8, resulting in injuries to his back, right knee, and right fingers. He was required to take sick leave for 785 days.
Yesterday (Sept. 3), Acting High Court Judge Andrew Li delivered a written judgment, stating that Foodpanda's argument—that delivery riders had the freedom to refuse orders during busy periods—was contrary to common sense and inconsistent with the terms of the employment contract. The court ruled that Foodpanda must bear 80% of the liability and compensate the rider over HK$1.34 million. The plaintiff is Khan Farooq Ahmed, and the defendant is Delivery Hero Food Hong Kong Limited, the parent company of Foodpanda.
On the evening of Aug. 18, 2020, while the plaintiff was driving for work during the issuance of Typhoon Signal No. 3, Foodpanda sent a message via Telegram to all delivery riders at 9:15 pm: "The Hong Kong Observatory has announced that Typhoon Signal No. 8 will be issued soon. When Typhoon Signal No. 8 is hoisted, Foodpanda will suspend operations, and all delivery riders are prohibited from making deliveries. If a rider is currently delivering an order, please decide whether to complete it based on your safety. You will not be assigned new orders, and the rider service team will end your work shift. We will closely monitor the situation and announce the latest operational arrangements accordingly. Thank you."
Approximately 18 minutes after Typhoon Signal No. 8 was hoisted, the plaintiff completed his last order. On his way home, he was involved in a traffic accident. A sudden strong gust of wind blew him off balance, causing him to fall onto the road and injure his back, right knee, and right fingers. The judge found that the aforementioned Telegram message, which suggested riders had the right to refuse orders during peak hours, was not only contrary to common sense but also directly conflicted with the terms of the employment contract.
The judge stated that while Foodpanda claimed delivery riders accepted orders at their own risk, the company failed to promptly shut down its automated system, thereby exposing its riders to unnecessary risks of injury during Typhoon Signal No. 8. The court ultimately ruled that Foodpanda must bear 80% of the liability and compensate the plaintiff over HK$1.34 million.
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