Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Employment status/employee vs contractor

Legal area

Court

6 Oct 2014

LAM CHUN TIM v. HONGPLUS PROFESSIONAL CONSULTANTS LTD

Citation

LAM CHUN TIM v. HONGPLUS PROFESSIONAL CONSULTANTS LTD
Court

Court of First Instance
Case number

HCLA24/2012

The High Court held that the Labour Tribunal evaluated the evidence with care and applied the correct principles; although the Officer's suggestion to withdraw the Alternative Case (Ground 4) raised concern, it did not render the Tribunal's decision dismissing the claims against Hongplus unsustainable nor justify granting leave to appeal; therefore the applications for leave were dismissed.
6 Oct 2014

LI PAN CHEUNG v. HONGPLUS PROFESSIONAL CONSULTANTS LTD

Citation

LI PAN CHEUNG v. HONGPLUS PROFESSIONAL CONSULTANTS LTD
Court

Court of First Instance
Case number

HCLA22/2012

The court concluded the Tribunal had properly and carefully evaluated the evidence and did not err in law in its factual findings; although the Officer erred in suggesting withdrawal of the Alternative Case based on workers' subjective belief, that error did not justify setting aside the Tribunal's dismissal of claims against Hongplus and leave to appeal was refused as it would unfairly prejudice Hongplus and was within the court's discretionary power under s 32(1).