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员工工作期间猝死,高等法院判公司赔18万元

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根据《雅虎新闻》报导,高等法院于周三(29日)判一起雇员在工作期间猝死案,其家属获赔18万新元。

垃圾回收公司Colex Environmental旗下一名62岁司机阿布沙莫奥马(译名),于2017年7月19日工作期间突然心脏病发作而死亡。

经人力部评估后,认为该公司应赔偿18万1421.73美元于阿布遗孀和子女。

然而,Colex的保险公司却提出上诉,而劳工助理专员也认为阿布是因个人健康状况而死亡,并不属工伤,故家属并无权要求公司与职总英康进行索赔。

家属对此进行上诉,案经两年上诉后,于周三(29日)由高等法院大法官陈成安裁定,需判赔家属。

意外发生经过

2017年7月19日,阿布早上7点半左右前往工作,他在8点时与三名同事共享早餐。

早上9点,三名同事为四个轮式垃圾桶拆卸轮子;9点半时,身为垃圾车司机的阿布,也主动提出要帮忙同事换轮子。

当他在工作时,背对着同事有说有笑,然而,阿布突然停止说话,两名同事转头查看发现他已倒下,便带他即刻前往医院,最终抢救不及身亡。

事发后,人力部于2017年10月12日要求Colex对身亡员工进行赔偿。

但两周后,Colex的保险公司认为阿布是因个人健康原因而导致死亡,并非因公而亡,故拒绝其支付赔偿。劳工助理专员当时也同意保险公司说法,认为保险公司无需承担赔偿。

然而,在本周四进行的审讯,法官陈成安认为,劳工助理专员对工伤意外赔偿有错误理解,错把举证的责任放在索偿人,而不是雇主身上。

根据《工伤赔偿法》,工作期间导致的意外伤亡均视为员工所属公司的责任,在公司无法提出相对的证据支持下,公司仍有赔偿之责。

些微刺激足以引发心脏病

另外,陈成安表示,劳工助理专员在判定这起案件上完全忽略,阿布的三名员工,他们均目睹阿布在工作期间倒下。

法官也借此澄清何谓工伤意外,同时也引述《工伤赔偿法》说明雇佣公司应支付赔偿的法律责任。

工伤意外即指工作期間不可抗力的意外,包括员工在工作期间,无法预期的生理健康状况。法官举例,如员工将螺母拧紧时,意外引发动脉瘤破裂,均可视为工伤意外。

法官阐述,阿布的意外死亡明显是在工作期间发生,所以,基于《工伤赔偿法》推定阿布是在工作期间引发心脏病,而公司并无相关证据证明阿布的心脏病发作是由个人健康状况引起,即使他在疾病发作期间是休息状态。

法官说道,“无论员工是否因个人健康状况而引发的心脏病,最重要的是,他确实在工作期间而引发的心脏病,导致死亡。

法官也指出,他进一步权衡相对的可能性,就算当下的任務并非是促发阿布猝死的主要原因,但也间接刺激了心脏病的发生。

双方的医生也作证,同意员工的心脏疾病已病入膏肓,就算些微的压力也足以促发心脏病。其中一名医生表示,“他的心脏状况已经非常微弱,就算是打喷嚏都足以引发心脏病。”另名医生则认为任何外在的刺激如拧松垃圾车的车轮都足以刺激心脏病的发作。

故法官认为即使未使用法律推定条款,他也无可避免阿布的意外是由工作期间引起的。

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Ng Eng Hen: Dust clouds likely caused armoured vehicle collision during Exercise Wallaby

Dust clouds limiting visibility likely contributed to the collision between two Hunter vehicles during Exercise Wallaby, Defence Minister Ng Eng Hen explained in his parliamentary reply. 12 servicemen sustained mild injuries, but safety measures prevented more serious outcomes. A formal investigation is ongoing to ensure further safety improvements.

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SINGAPORE: Low visibility caused by dust clouds was identified as the likely cause of the collision between two Hunter armoured fighting vehicles (AFVs) during Exercise Wallaby last month, Defence Minister Ng Eng Hen said in a written parliamentary response on Tuesday (15 October).

The incident, which occurred in Queensland, Australia, on 24 September 2024, resulted in mild injuries to 12 servicemen.

Dr Ng’s statement was in response to a parliamentary question from Mr Dennis Tan, Workers’ Party Member of Parliament for Hougang SMC.

Mr Tan asked for details on the accident, specifically its cause and whether any lessons could be applied to enhance training and operational safety within the Singapore Armed Forces (SAF).

The collision took place during a night-time movement of Hunter AFVs at the Shoalwater Bay Training Area.

The vehicles were returning to base when one rear-ended another. Dr Ng explained that the dust clouds generated by the AFVs’ movement significantly impaired visibility, might likely contributing to the accident.

The 12 affected servicemen sustained mild injuries and were promptly taken to the nearest medical facility.

None of the injuries required hospitalisation, and all 12 servicemen were able to rejoin their units for training the next day.

According to the minister, adherence to safety protocols—such as wearing seat belts and protective gear—played a crucial role in limiting the injuries to mild ones.

Following the incident, a safety pause was immediately implemented, with all drivers being reminded to maintain proper safety distances, especially when visibility was compromised.

Troops were also reminded to adhere strictly to safety protocols, including the proper use of safety equipment, Dr Ng added.

The safety lessons from the incident were shared not only with the affected units but also with other participating groups in the exercise, as well as units back in Singapore, through dedicated safety briefings.

Mr Tan also asked about the broader implications of the incident. In his response, Dr Ng said that a formal investigation had been launched in accordance with SAF’s safety incident protocol.

The investigation aims to assess the circumstances more thoroughly and identify any further measures that could be taken to enhance safety.

Dr Ng shared that recommendations arising from the investigation will be implemented where necessary.

Exercise Wallaby is SAF’s largest unilateral overseas exercise, and the 2024 edition began on 8 September, running until 3 November.

The exercise involves approximately 6,200 personnel, including 500 operationally ready national servicemen.

The exercise has been conducted at Shoalwater Bay Training Area in Queensland since 1990, and it is a key part of SAF’s overseas training program.

The Hunter AFV, one of the vehicles involved in the collision, is a state-of-the-art platform jointly developed by the Defence Science and Technology Agency, the Singapore Army, and ST Engineering.

It replaced the SAF’s aging fleet of Ultra M113 AFVs in 2019, which had been in service since the 1970s. The Hunter is equipped with advanced features, including a 30mm cannon, a 76mm smoke grenade launcher, and an automatic target detection and

tracking system designed to enhance operational effectiveness. It is also capable of traveling at increased speeds and covering longer distances, making it a versatile asset for the SAF.

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Government to “carefully consider” Lee Hsien Yang’s demolition application for 38 Oxley Road

The Singapore Government will “carefully consider” Mr Lee Hsien Yang (LHY)’s application to demolish the house at 38 Oxley Road. LHY announced his intent on Tuesday morning following the recent death of his sister, Dr Lee Wei Ling, reaffirming his commitment to honour his parents’ wish for the house’s demolition.

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The Singapore Government has indicated that it will “carefully consider” Mr Lee Hsien Yang’s (LHY) application to demolish the family home at 38 Oxley Road.

LHY, the youngest son of Singapore’s founding Prime Minister, the late Lee Kuan Yew (LKY), announced his intention to apply for the demolition in a Facebook post on 15 October 2024, following the death of his sister, Dr Lee Wei Ling, on 9 October.

The announcement marks a significant development in the ongoing saga over the fate of the historically significant property, which has been at the heart of a family dispute since LKY’s passing in 2015.

In his will, executed in December 2013, LKY expressed his desire for the house to be demolished “immediately after” Dr Lee moved out of the property. Dr Lee, a prominent neurologist, had been the last remaining resident of the house.

LHY reaffirmed his commitment to carrying out his father’s wishes, stating, “After my sister’s passing, I am the only living executor of my father’s estate. It is my duty to carry out his wishes to the fullest extent of the law.”

He added that he would seek to build a small private dwelling on the site, which would be “held within the family in perpetuity”.

LHY also referenced his brother, Senior Minister Lee Hsien Loong’s (LHL) remarks in Parliament in 2015, when he was Prime Minister, stating that upon Dr Lee’s passing, the decision to demolish the house would rest with the “Government of the day.”

In response to media queries regarding LHY’s announcement, a spokesperson for the Ministry of National Development (MND) acknowledged the intended application and emphasised that the Government would “carefully consider issues related to the property in due course”.

The spokesperson also highlighted that any decision would need to balance LKY’s wishes, public interest, and the historical value of the house.

The house at 38 Oxley Road, where key decisions about Singapore’s path to independence were made, has been a focal point of public and political discussion.

The future of the house became contentious in 2017 when LHY and Dr Lee publicly accused their elder brother, LHL, of trying to preserve the house against their father’s wishes for political reasons.

LHL denied the accusations, issuing a Ministerial Statement in Parliament, where he also raised concerns over the preparation of their father’s final will. He clarified that he had recused himself from all decisions regarding the property and affirmed that any government action would be impartial.

In 2018, a “secret” ministerial committee, which was formed in 2016 to study the future of 38 Oxley Road, proposed three options: preserving the property and designating it as a national monument, partially demolishing the house while retaining the historically significant basement dining room, or allowing complete demolition for redevelopment. LHL accepted the committee’s conclusions but stated that no immediate decision was necessary, as Dr Lee was still living in the house.

In a statement conveyed by LHY on behalf of Dr Lee after her passing, she reiterated her strong support for her father’s wish to demolish the house. “My father, Lee Kuan Yew, and my mother, Kwa Geok Choo, had an unwavering and deeply felt wish for their house at 38 Oxley Road to be demolished upon the last parent’s death,” the statement read.

She added, “He had also appealed directly to the people of Singapore. Please honour my father by honouring his wish for his home to be demolished.”

Despite selling the house to LHY at market value in 2015, LHL’s stance regarding the house’s preservation became a public issue, especially after the family disclosed that the Government had raised concerns about reinstating the demolition clause in the 2013 will. The ministerial committee had reviewed the matter, but a final decision was deferred until now.

The fate of 38 Oxley Road remains to be seen, but the Government’s decision will likely have lasting implications for the legacy of the Lee family and the conservation of Singapore’s historical landmarks.

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