26 Feb 1988
NG PIK YUK v. WAI TAI KNITWEAR LTD
- Citation
- NG PIK YUK v. WAI TAI KNITWEAR LTD
- Court
- Court of First Instance
- Case number
- HCLA49/1987
Applying the multifactor test and weighing the primary facts (exclusive service, factory premises and tools provided by respondent, payment and wage calculation by respondent, lack of independent business or capital risk, expectation of attendance and supervisory duties) the relationship was in law a contract of service; the Tribunal Officer erred by over-weighting labels and the 10% allowance and by misapprehending wage-sheet evidence. The appellant is an employee; matter remitted to the Labour Tribunal to determine liability and quantum.