10 Jul 2006
LUI LIN KAM AND OTHER v. NICE CREATION DEVELOPMENT LTD
- Citation
- LUI LIN KAM AND OTHER v. NICE CREATION DEVELOPMENT LTD
- Court
- Court of Appeal
- Case number
- CACV205/2003
The Court allowed the appeal and remitted the matter to the Labour Tribunal because the Tribunal failed to determine the primary factual dispute whether the two-week break occurred and whether a global contract existed; continuity is governed by Schedule 1 (including the 18-hours/week rule) and a global contract requires mutuality of obligation, which the judge was not entitled to infer on the available facts; employers may lawfully structure successive fixed-term contracts to avoid creating continuous employment provided statutory requirements are respected.