11 Oct 2013
YU YIU WING v. LEAD YOUNG LOGISTIC (GLOBAL) LTD AND OTHERS
- Citation
- YU YIU WING v. LEAD YOUNG LOGISTIC (GLOBAL) LTD AND OTHERS
- Court
- Court of First Instance
- Case number
- HCLA20/2012
The High Court allowed the appeal and remitted the matter to the Labour Tribunal because the Presiding Officer, while finding Lap Tak a sham and identifying control by persons tied to D2, did not make sufficient or clear findings to establish an express or implied employment relationship between D2 (or D1/Liu) and Yu. The correct approach required consideration of whether an implied contract or agency relationship existed; absence of such findings made a rehearing necessary. The court also accepted the parties' agreement that the Tribunal’s arithmetic required correction.