LAU CHAN WAH v. PAT TAT TRANSPORTATION LTD

LAU CHAN WAH v. PAT TAT TRANSPORTATION LTD

On the overall evaluation the relationship was an employer-employee one: Pat Tat owned and managed the transport business, controlled clients and orders, paid all vehicle outgoings and Mr Lau bore no operational risk; payments to Mr Lau were fixed fees per consignment plus habitual miscellaneous income attributable to Pat Tat's services, therefore Pat Tat is liable under the ECO and the court included miscellaneous/extra work payments in earnings and calculated statutory awards accordingly.

Citation
LAU CHAN WAH v. PAT TAT TRANSPORTATION LTD
Parties
Applicant/employee: Lau Chan Wah; Respondent/registered Owner/employer: Pat Tat Transportation Limited; Sole Shareholder and Sole Director of Respondent: Chung Wai Kuen
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
6 May 2016
Case Number
DCEC1752/2014
Procedural Posture
Employee Compensation Case (dcec 1752/2014) / Judgment (decision After Trial)
Outcome
Judgment for applicant; respondent liable under the Employees' Compensation Ordinance
Legal Topics
Employment Status, Employee V Independent Contractor, Calculation of Earnings, Compensation Awards
Source Language
EN
Employment Law Personal Injury Workers' Compensation Contract Law Employment Status Employee V Independent Contractor Calculation of Earnings Compensation Awards

Case Brief

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Parties

Lau Chan Wah

Applicant/employee

Pat Tat Transportation Limited

Respondent/registered Owner/employer

Chung Wai Kuen

Sole Shareholder and Sole Director of Respondent

Procedural Posture

Employee Compensation Case (dcec 1752/2014) / Judgment (decision After Trial)

Legal Issues

  1. 1 Whether Mr Lau was an employee of Pat Tat or an independent contractor
  2. 2 Whether the payment arrangement amounted to profit sharing
  3. 3 Whether miscellaneous and extra work payments formed part of earnings

Ratio Decidendi

On the overall evaluation the relationship was an employer-employee one: Pat Tat owned and managed the transport business, controlled clients and orders, paid all vehicle outgoings and Mr Lau bore no operational risk; payments to Mr Lau were fixed fees per consignment plus habitual miscellaneous income attributable to Pat Tat's services, therefore Pat Tat is liable under the ECO and the court included miscellaneous/extra work payments in earnings and calculated statutory awards accordingly.

Court Disposition

Judgment for applicant; respondent liable under the Employees' Compensation Ordinance

Orders

  • Section 7 award (total permanent incapacity) HK$1,618,164.00
  • Section 8 award (attention of another) HK$462,890.00