Mr Zhou Aiguo, 38, (“Zhou”) was working for the construction company, Bestrom, when he was brutally assaulted by his superior, Mr Zhao Qiao Lin (“Zhao”).
Zhou disputed a pay deduction after starting his lunch break early, explaining he had completed his work and asked for the matter to be referred to the site manager. Zhao refused and went into a fit of rage, hurled insulting words on Zhou. Zhao then proceeded to throw an object at Zhou whose safety helmet fell as he ducked from the object.
Upon lowering his head to pick up his helmet, Zhao smashed an iron formwork against the back of Zhou’s head and punched Zhou in his right eyeball. A fellow worker had to come and stop the fight. In his claim against his employer, Zhou said that his foreman, Zhao, was a violent and abusive person. Three fellow carpenters also submitted affidavits in support of his statement, saying that they too had been mistreated by the foreman.
Mr Zhou launched a civil suit for damages and won, under which the Judge had ordered his company to pay $97,000.00 to him in damages, plus interest and costs. The Judge held that the foreman’s assault was an “unauthorized mode of doing an authorized act” in the course of employment.
