CHAN SIU FUNG AND OTHERS v. MAN’S BROTHERS CONSTRUCTION CO LTD AND ANOTHER

CHAN SIU FUNG AND OTHERS v. MAN’S BROTHERS CONSTRUCTION CO LTD AND ANOTHER

The presiding officer’s factual finding that the claimants were employees of the Company, supported by credible testimony of Mr SK Man and rejected evidence of the Company’s sole shareholder, was reasonable and supported by the evidence; no legal error was shown warranting reversal; payments and records did not negate the finding that employment commenced after completion of the subcontract, therefore the appeal was dismissed.

Citation
CHAN SIU FUNG AND OTHERS v. MAN’S BROTHERS CONSTRUCTION CO LTD AND ANOTHER
Parties
1st Claimant (respondent): CHAN SIU FUNG; 2nd Claimant (respondent): CHEUNG SHUN LOI; 3rd Claimant (respondent): LEE CHUK WA; 4th Claimant (respondent): LI WEIMIN; 5th Claimant (respondent): NG WAI NGOK; 6th Claimant (respondent): TANG HON MING; 7th Claimant (respondent): TANG SHEK KAI; 8th Claimant (respondent): TSANG WING KAU; 9th Claimant (respondent): WONG KIM PAN; 10th Claimant (respondent): CHEEMA-KHURSHID-ANWAR; Defendant (appellant): MAN’S BROTHERS CONSTRUCTION COMPANY LIMITED; 2nd Defendant: 文少強
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 March 2017
Case Number
HCLA47/2015
Procedural Posture
Labour Tribunal Appeal to High Court (court of First Instance) / Appeal Heard; Judgment Delivered
Outcome
Appeal dismissed
Legal Topics
Employment Status, Wages, Credibility of Witnesses, Standard of Review on Appeal
Source Language
EN
Employment Law Labour Law Civil Procedure Appeals Employment Status Wages Credibility of Witnesses Standard of Review on Appeal

Case Brief

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Parties

CHAN SIU FUNG

1st Claimant (respondent)

CHEUNG SHUN LOI

2nd Claimant (respondent)

LEE CHUK WA

3rd Claimant (respondent)

LI WEIMIN

4th Claimant (respondent)

NG WAI NGOK

5th Claimant (respondent)

TANG HON MING

6th Claimant (respondent)

TANG SHEK KAI

7th Claimant (respondent)

TSANG WING KAU

8th Claimant (respondent)

WONG KIM PAN

9th Claimant (respondent)

CHEEMA-KHURSHID-ANWAR

10th Claimant (respondent)

MAN’S BROTHERS CONSTRUCTION COMPANY LIMITED

Defendant (appellant)

文少強

2nd Defendant

Procedural Posture

Labour Tribunal Appeal to High Court (court of First Instance) / Appeal Heard; Judgment Delivered

Legal Issues

  1. 1 Whether an employment contract existed between the Company and the claimants in addition to the subcontract
  2. 2 Whether the supervisor (Mr SK Man) had authority/instructions to employ the claimants on behalf of the Company
  3. 3 Whether the subcontract and alleged employment co-existed and the timing of any transition

Ratio Decidendi

The presiding officer’s factual finding that the claimants were employees of the Company, supported by credible testimony of Mr SK Man and rejected evidence of the Company’s sole shareholder, was reasonable and supported by the evidence; no legal error was shown warranting reversal; payments and records did not negate the finding that employment commenced after completion of the subcontract, therefore the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • The Company to pay the claimants their costs of the appeal
  • Legal aid taxation allowed for the costs of the 5th and 9th claimants