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The High Court decision in Khan Farooq Ahmed v Delivery Hero Food Hong Kong Ltd [2025] HKCFI 4030 has prompted renewed discussion on employers’ obligations to maintain a safe system of work, especially for employees performing outdoor or mobile roles in adverse or extreme weather conditions.

When assessing systems of work, courts look at whether systems operate effectively in real time, including the ability to issue immediate stop-work instructions and provide safe shelter when conditions deteriorate. The ruling is highly relevant to companies in the delivery sector, where workers are often exposed to such risks.

Background

The plaintiff was employed as a motorcycle delivery rider working an evening shift as Typhoon Signal No. 3 was in force and Typhoon Signal No. 8 (“T8”) was imminent. Weather updates were issued via a messaging platform, while work allocation and confirmations continued through the employer’s delivery application. T8 was hoisted at about 10:40 pm, and the employee completed his final order at 10:58 pm. He then set off for home and was allegedly blown off his motorcycle by strong winds. The Court held that the system in place at the material time was unsafe and apportioned liability 80/20 in the employee’s favour.

Employers’ duties under Hong Kong law

Hong Kong law imposes a non‑delegable duty on employers to take reasonable care for employees’ safety. This includes providing and enforcing a safe system of work, suitable equipment and effective...

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