15 Jun 2012
CHEUNG TUEN PIU v. CHINA TALENT ENGINEERING LTD AND ANOTHER
- Citation
- CHEUNG TUEN PIU v. CHINA TALENT ENGINEERING LTD AND ANOTHER
- Court
- District Court
- Case number
- DCEC841/2010
The court found the contemporaneous Form 2, Tse's signed witness declaration to the Labour Department and the pattern of post-accident work‑injury payments constituted a clear and unequivocal admission that Cheung was an employee of China Talent; this, together with the indicia of employment (provision of tools, employer control, nature of engagement as specific engagements, lack of financial risk and inability to carry on business on own account) led to the conclusion that the contract was one of service. The treating doctors' continuous certification of sick leave to 25 March 2011 was accep…