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

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

The presiding officer’s factual findings that the claimants became employees after completion of the sub‑contract were supported by credible evidence (notably Mr SK Man) and not vitiated by any error of law; on appeals restricted to points of law this court will not disturb reasonable factual conclusions of the tribunal, therefore the appeal is dismissed.

Citation
CHAN SIU FUNG AND OTHERS v. MAN’S BROTHERS CONSTRUCTION CO LTD
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
HCLA46/2015
Procedural Posture
Labour Tribunal Appeal / Appeal to Court of First Instance — Judgment Dismissing Appeal; Reasons for Judgment Delivered
Outcome
Appeal dismissed
Legal Topics
Employment Status, Independent Contractor Vs Employee, Wages, Appeal on Points of Law, Credibility Findings, Costs
Source Language
EN
Employment Law Labour Law Contract Law Civil Procedure Employment Status Independent Contractor Vs Employee Wages Appeal on Points of Law +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

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 / Appeal to Court of First Instance — Judgment Dismissing Appeal; Reasons for Judgment Delivered

Legal Issues

  1. 1 Whether claimants were employees of the Company or only independent contractors/sub‑contractors
  2. 2 Whether there was instruction to supervisor (Mr SK Man) to enter employment contracts on behalf of the Company
  3. 3 Whether an employment contract commenced from 1 August 2013 and co‑existed with the sub‑contract

Ratio Decidendi

The presiding officer’s factual findings that the claimants became employees after completion of the sub‑contract were supported by credible evidence (notably Mr SK Man) and not vitiated by any error of law; on appeals restricted to points of law this court will not disturb reasonable factual conclusions of the tribunal, therefore the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Man’s Brothers Construction Company Limited to pay the claimants their costs of the appeal