30 Jun 2005
LEE SUM WAH v. TAM’S DECORATION CO. LTD.
- Citation
- LEE SUM WAH v. TAM’S DECORATION CO. LTD.
- Court
- Court of First Instance
- Case number
- HCLA118/2004
The court found on the facts that the claimant was an employee (tests of control and lack of commercial risk), and that mutuality of obligation is not required for each individual engagement; continuity was unbroken by the agreed absence and change of ownership did not interrupt the contract. Therefore the claimant was entitled to long service payment of $115,200; claims based on dismissal/wages in lieu were not sustained for lack of a global contract context.