WONG YU TUI v. 劉禮納 AND ANOTHER

WONG YU TUI v. 劉禮納 AND ANOTHER

On the balance of probabilities the judge preferred the evidence of Tui and his co-workers over Lau; the factual matrix (lack of independent business arrangements, expectation of daily wage, absence of evidence that Tui provided equipment, questions asked about who would pay wages) established an employment relationship and therefore liability under the Employees Compensation Ordinance; judgment entered for the agreed compensation.

Citation
WONG YU TUI v. 劉禮納 AND ANOTHER
Parties
Applicant: Tui; 1st Respondent: Lau; 2nd Respondent: Lee
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
30 September 2009
Case Number
DCEC886/2008
Procedural Posture
Employee Compensation Claim Under the Employees Compensation Ordinance, Cap.282 / Hearing and Judgment at Trial Level
Outcome
Judgment for the Applicant; liability established against Lau (and judgment entered against Lau and Lee) for compensation under the Employees Compensation Ordinance.
Legal Topics
Employment Status (employee Vs Independent Contractor), Liability for Workplace Injury, Control Test and Provision of Equipment, Admissibility and Weight of Recorded Conversations, Costs and Interest on Judgment
Source Language
EN
Employment Law Workers' Compensation Contract Law Evidence Employment Status (employee Vs Independent Contractor) Liability for Workplace Injury Control Test and Provision of Equipment Admissibility and Weight of Recorded Conversations +1 more

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Parties

Tui

Applicant

Lau

1st Respondent

Lee

2nd Respondent

Procedural Posture

Employee Compensation Claim Under the Employees Compensation Ordinance, Cap.282 / Hearing and Judgment at Trial Level

Legal Issues

  1. 1 Whether the injured worker (Tui) was an employee of Lau or an independent contractor at the time of injury
  2. 2 Whether respondents are liable under the Employees Compensation Ordinance for the injury
  3. 3 What weight to attach to post-accident audio recordings produced by Lau

Ratio Decidendi

On the balance of probabilities the judge preferred the evidence of Tui and his co-workers over Lau; the factual matrix (lack of independent business arrangements, expectation of daily wage, absence of evidence that Tui provided equipment, questions asked about who would pay wages) established an employment relationship and therefore liability under the Employees Compensation Ordinance; judgment entered for the agreed compensation.

Court Disposition

Judgment for the Applicant; liability established against Lau (and judgment entered against Lau and Lee) for compensation under the Employees Compensation Ordinance.

Orders

  • Judgment entered against Lau and Lee for compensation in the total sum of HK$119,860
  • Interest on the award from the date of accident to today at half judgment rate and thereafter until payment at the judgment rate