A Hong Kong High Court has ordered food delivery giant Foodpanda to pay HK$1.348 million (approximately $173,000 USD) in compensation to a delivery rider injured during a typhoon five years ago, marking a significant ruling on employer responsibility during extreme weather conditions.
The 48-year-old South Asian motorcycle courier, whose identity was not disclosed, suffered severe injuries to his back, right knee, and fingers after being blown off his bike by powerful winds on August 18, 2020. The incident occurred during Typhoon Signal No. 8, a severe weather warning indicating gale-force winds in Hong Kong. The rider, who required 785 days of sick leave to recover, was returning home after completing a delivery when the accident happened.
Deputy Judge Andrew Li Shu-yuk ruled that Foodpanda, operated by Delivery Hero Food Hong Kong Limited, was 80% liable for the accident. The court found that the company failed to adequately protect its riders by not promptly shutting down its automated delivery system despite issuing a Telegram warning about suspending operations when the typhoon signal was raised. The plaintiff had completed his final delivery 18 minutes after the warning was issued, highlighting the delay in halting operations.
In his ruling, Judge Li rejected Foodpanda’s argument that riders could freely reject orders during busy periods, calling it contrary to both common sense and the terms of the employment contract. The court emphasized that Foodpanda’s failure to act swiftly exposed riders to unnecessary danger during hazardous weather conditions.
“This judgment sends a clear message to gig economy platforms about their duty to ensure worker safety, particularly in extreme circumstances,” said a legal analyst familiar with the case, speaking on condition of anonymity. “It underscores that operational systems must align with safety protocols in real time.”
The ruling comes amid growing scrutiny of gig economy companies in Hong Kong and globally, as workers advocate for better protections and benefits. The courier’s prolonged recovery period and substantial compensation highlight the physical and financial toll faced by delivery workers in high-risk conditions.
Foodpanda has not publicly commented on the ruling or indicated whether it will appeal. The decision could set a precedent for how delivery platforms manage operations during severe weather events, potentially prompting stricter safety measures across the industry.
