11 Oct 1990
CHAN KWOK KIN v. MOK KWAN HING AND ANOTHER
- Citation
- CHAN KWOK KIN v. MOK KWAN HING AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV78/1990
On a proper evaluation of the factual indicia (payment method, lack of pricing of jobs, nature of tools and materials, hiring of assistants by employer, absence of financial risk, opportunity for profit from management) and in light of the Market Investigations test and the Employees Compensation Ordinance provisions protecting casual and concurrent employees, the only reasonable conclusion is that the applicant was employed under a contract of service by the first respondent. The judge below reached a view that could not reasonably be entertained and the appeal is allowed; matter remitted fo…