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Hong Kong Case Law

Determination of employment status under employees' compensation ordinance
  • 3 Dec 2019

    HO KIN SHING 對 王豐桂及另二人

    Citation
    [2019] HKDC 1581
    Court
    District Court
    Case number
    DCEC493/2012

    On the balance of probabilities the First Respondent was not the Applicant's employer nor the gang leader/agent of the Second Respondent. The objective evidence — introduction by the First Respondent, the presence of a site person-in-charge identified as the Second Respondent, allocation of work and provision of tools by the Second Respondent, luncheon arrangements and transport pattern, police record identifying Second Respondent as PIC, and written admission of responsibility by Second Respondent — established the Second Respondent as employer. Mere introduction, transport and isolated paym…