28 Feb 2007
CHAN YIU MAN v. 冼錦堂 AND ANOTHER
- Citation
- CHAN YIU MAN v. 冼錦堂 AND ANOTHER
- Court
- District Court
- Case number
- DCEC46/2006
On the facts the 1st Respondent was self-employed but the 2nd Respondent had engaged and paid the Applicant (and AW1) and exercised sufficient practical control/arrangement to render the 2nd Respondent the Applicant's direct employer for the purposes of the Employees' Compensation Ordinance; Section 24 did not assist because Dao Hope Yuen (a monastery) was not carrying on a trade/business for the contract nor had it contracted for the execution of the 'work undertaken'; quantum was calculated using accepted formulae and substituted the Board's certificate accordingly.