7 Aug 2003
MOHAMMAD LATIF v. WING CHI CONSTRUCTION ENGINEERING CO LTD AND OTHERS
- Citation
- MOHAMMAD LATIF v. WING CHI CONSTRUCTION ENGINEERING CO LTD AND OTHERS
- Court
- District Court
- Case number
- DCEC656/2001
Applying the principle that a contract of service cannot be transferred without the employee's real consent, and on the balance of probabilities having assessed the totality of documentary and oral evidence (including language barriers, lack of a signed contract with R3, timing of payments and MPF records, and the manner in which post-accident events unfolded), the court found that A did not give express or implied consent to transfer employment to R3 and that R1 remained his employer at the time of the accident; accordingly R2 was ordered to pay R4's costs of the main proceedings and costs o…