7 Mar 2003
WONG MAN KWAN AND OTHERS v. CHUN SHING HOLDINGS LTD
- Citation
- WONG MAN KWAN AND OTHERS v. CHUN SHING HOLDINGS LTD
- Court
- Court of First Instance
- Case number
- HCLA29/2002
The Presiding Officer erred in law by treating lack of mutuality of obligation as dispositive of all claims; the correct approach is to (1) examine each individual engagement to determine if a contract of service existed during work, (2) if so, assess whether statutory continuity under the First Schedule is satisfied, and (3) separately determine whether a global/umbrella contract existed. The case is remitted for redecision applying that framework.