Court grants BNDSm (USD3.6m) as damages for teenagers

Brunei: The highest personal injury award in Brunei's history was awarded to a 16-year-old Nepalese boy
In March 2008, the boy received an award of USD3.6m due to a car accident that happened on 30 December 2000 in which he suffered severe head injuries, multiple fractures, disfigurement, spastic hemiparesis and weakness of the upper and lower limbs.

It was considered that the boy is doomed to an unfulfilling life of depression, joylessness and apathy. The boy now walks with a limp and a clumsy gait

One of the biggest portion of the award deals with the boy's loss of future earnings. In this regard, it was found that the boy would be residing in the United Kingdom for the rest of his life and was given an award based on such a scenario.

The Judge awarded BND3.4m (USD2.4m) for the plaintiff's potential earnings, BND509,471 (USD365,000) for the suffered injuries, BND714,910 (USD514,332) for costs of future care and BND127,534 (USD91,369) for damages that had occurred.

Source: Agence France Press - English Wire, March 27, 2008
Asian Casualty Report 10th Edition June 2008 – Gen Re

Full Story...

Shanghai Congress Approves Sexual Harassment Rules

China: On 26 April 2007, the Standing Committee of the Shanghai People's Congress approved an amendment to local regulations specifying acts that may constitute sexual harassment. The regulation gives female employees the right to file civil suits for sexual harassment.

The regulation requires that employers not only investigate complaints, but also take steps to prevent sexual harassment.

The regulations intend to implement the sexual harassment prohibitions set out in the Law on the Protection of the Rights and Interests of Women; an amendment to the law in 2005 represented the first effort to outlaw sexual harassment in China.

Source: China Daily, 2.7 April 2007
Asian Casualty Report 10th Edition June 2008 – Gen Re
Full Story...

CNYS,000 (USD717) payout for discrimination due to hepatitis

China; A job applicant, who is a hepatitis B carrier, has been awarded compensation of CNYS,000 (USD717) after claiming he was rejected for a job by the subsidiary of a Taiwan computer maker due to discrimination over his health condition.

The Shanghai court rejected his claim for more than CNY60,000 (USD8,600) in compensation for emotional distress.

The man was originally hired by the company in 2005 following two rounds of interviews, but rejected after they received his health report that indicated that he was a hepatitis B carrier.

The court denied a violation of law because the claimant had signed an agreement before a physical examination, which required his health condition to meet certain standards. The plaintiff vowed to appeal to a higher court

In May 2007, the ministries of health and labour and social security banned employers from imposing compulsory hepatitis B tests on job applicants.

Source South Chino Morniny Post, ZS October 2007
Asian Casualty Report 10th Edition June 2008 – Gen Re
Full Story...

Workers to be given the right to sue employers for discrimination

China: A new employment promotion law was passed in August by the Standing Committee of the National's People's Congress allowing Chinese workers to sue their employers for illegal discrimination beginning 1 January 2008

Discrimination because of race, ethnicity, sex, religion, disabled persons, hepatitis B and HIV carriers is already (since 1991) prohibited. The effect of these prohibitions has been greatly limited because no right was explicitly granted to individuals who suffer illegal discrimination and no penalties were specified in any laws or regulations

The new law grants individuals who suffer illegal discrimination the right to bring a claim to court. However, age discrimination is not specifically prohibited.

But there are still unclear issues. Up to now there is no regime if the discrimination claims are treated as labour disputes or ordinary civil claims. In addition, there are no clear standards for proving discrimination. Chinese antidiscrimination laws remain at an early stage of development. However, individuals now have the opportunity to file discrimination suits that will have future effects.

Source: Financial Times Asia, 25 September 2007
Asian Casualty Report 10th Edition June 2008 – Gen Re


Full Story...

Monetary Authority and SGX to Oversee Corporate Governance

Singapore; Oversight of corporate governance of listed companies will be transferred from the Council of Corporate Disclosure and Governance (CCDG) to the Monetary Authority of Singapore (MAS) and the Singapore Exchange Ltd (SGX), effective 1 September 2007

The transfer of regulatory oversight is intended to clarify and streamline listed companies' responsibilities in the field of corporate governance. This approach is consistent with that taken in other sectors, in which the regulator takes responsibility for governance issues.

SGX will continue to work with other stakeholders to raise governance standards for listed companies.

Source: http:llinfo.syx.comlwebnewscentre.nsfl b9c790dOd5bo5d2548256dcf0049ce28/ 48256838002fO7b1482572ea0044e0a6?OpenDocument
Asian Casualty Report 10th Edition June 2008 – Gen Re

Full Story...

Corporate standards improving

China: The fact that there haven't been as many shareholder suits in China as in other countries in the region can be attributed to problems in the civil compensation system and court rulings. In China, the burden of proof lies with the plaintiff. Minority shareholders - who are often involved in these types of suits - usually don't have the resources to collect substantial evidence.

In 1998 and 1999, a group of investors in Shanghai sued Chengdu Hongguang Industrial Shareholding Co. due to losses after a decline in Hongguang Industrial's stock prices. The shareholders accused the company of not disclosing problems with its production line in their prospectus. The compensation claim was rejected by the court on the ground that they had not been able to establish the losses were caused by false statements in the prospectus.

In mediation, however, these 11 investors were awarded CNY220,000 (USD28,160), making this the first civil indemnification in a security case. Since January 2002, Chinese courts have dealt with approximately 1,000 civil compensation complaints involving failure to disclose relevant information, but only a small percentage have been satisfactorily settled.

Source: Business Times, 2 Novernber 2006
Asian Casualty Report 10th Edition June 2008 – Gen Re


Full Story...

Job injury claims for office staff set to rise

Singapore: In 2006, in approximately 750 claims with the Ministry of Manpower (MOM) - about 5% of all claims - were filed by white-collar workers who earned SGD1,600 (USD1,160) or less a month. This number might rise considerably with the enforcement of a new April 2008 law covering all non-manual workers regardless of income. The new law will replace the Workmen's Compensation Act which protects all manual and non manual workers earning no more than SGD1,600 (USD1,160) a month. Under the new law employers are not obligated to buy insurance, but >they have to compensate staff injured in workplace accidents, even if they have no insurance. Companies are verifying, if they should buy insurance and at what price insurance is available. Due to this insurers expect that premiums will go up.

In addition to the inclusion of white-collar workers earning more than SGD1,600 (USD1,160) a month, employees will also be able to make claims for noiseinduced deafness, repetitive strain injuries and poisoning by chemicals such as arsenic.

Source: Straits Times, 28 February 2008
Asian Casualty Report 10th Edition June 2008 – Gen Re


Full Story...