Deliveroo urged to drop HK$280K legal fees demand from injured rider after court throws out compensation case
Hong Kong Free Press
A labour rights group has urged Deliveroo not to order a former driver to pay HK$280,000 in legal fees after the driver’s court case for injury compensation was thrown out.
The Riders’ Rights Concern Group’s calls come after Sanjaya Man Gurung, who was a Deliveroo driver, saw his claim for compensation under the Employees’ Compensation Ordinance rejected last November.
The 48-year-old was seeking compensation related to an injury he sustained in February 2022, when he was collecting food for a delivery in Sheung Wan. While driving his motorcycle, he collided with a lights goods vehicle, fell to the ground, and was hit by a taxi.
He saw injuries to his right hand and index finger, and his right clavicle. He was given nearly 16 months of sick leave and now works as a security guard.
Gurung then attempted to file a compensation claim under the Employees’ Compensation Ordinance, after a law firm he was introduced to said he had a good chance of winning.
But the firm terminated their cooperation with Gurung in the middle of last year, and Gurung went on to represent himself as his legal aid application was rejected by the Legal Aid Department on the basis that he was an “independent contractor,” the group said.
Separately, Gurung has received HK$100,000 under a voluntary insurance policy that Deliveroo purchases for its riders.
Last November, the District Court ruled in favour of Deliveroo in the company’s application to throw out the compensation claim before the main hearing, siding with Deliveroo that Gurung was not an employee of the delivery giant.
The court ordered Gurung to pay legal fees to Deliveroo. According to the concern group, the fees amounted to around HK$280,000.
HKFP has reached out to Deliveroo for comment.
‘No idea what I can do’
Speaking to reporters last month, Gurung said his income had taken a significant hit since taking on a job as a security guard. He said he was unable to continue work as a delivery driver due to his injuries.
Facing a HK$280,000 payment, Gurung said he had no means to pay.
“I have no idea what I can do,” he said, adding that he had no property or savings.
Justine, a member of the Riders’ Rights Concern Group, said Gurung – with little knowledge of the law and having no legal representative – was unable to help the court understand the relationship between Deliveroo and its drivers.
She said the app that delivery drivers use to receive orders was “a tool for monitoring and manipulating” the gig workers through identifying their location and work progress, thereby determining the orders and payment they receive.
“The app dictates [delivery workers’] salaries, even deciding whether they can accept orders. The rules are completely set by the company, [so] the company is an employer,” Justine added.
Activists advocating for the rights of gig workers have long urged authorities to legislate specific labour protections.
Hong Kong had around 114,000 delivery couriers and ride-hailing drivers in 2023, making up 3 per cent of local employment, according to a Legislative Council paper published in February.
Last November, the Legislative Council passed a motion urging the government to “provide platform workers with reasonable protection.”
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