18 Nov 2005
LEE MUI FONG v. WONG KIT MAN AND OTHERS
- Citation
- LEE MUI FONG v. WONG KIT MAN AND OTHERS
- Court
- District Court
- Case number
- DCEC455/2002
Court held that although Leung's employment was illegal (two-way permit holder not lawfully employable), the illegality was of low turpitude and the court properly exercised its discretion under s.2(2) to treat him as employed; factual analysis using multi-factorial test established that Sze was an employee of Miss Wong (Wong's Building Cleaning Service Company) and that Leung was also employed by Miss Wong; accordingly Miss Wong (employer) and insurer Jerneh were jointly and severally liable to pay statutory compensation and interest; specific quantum awards were calculated and apportioned u…
- Employer/employee status vs independent contractor
- Illegality of employment and statutory discretion (s.2(2) employees compensation ordinance)
- Insurer indemnity and compulsory insurance (s.43)
- Quantum of statutory compensation
- Apportionment of dependency awards
- Costs allocation