15 Jul 2008
CHAN KIN MAN, SIMON AND OTHERS v. PACIFIC DRAYAGE CO LTD
- Citation
- CHAN KIN MAN, SIMON AND OTHERS v. PACIFIC DRAYAGE CO LTD
- Court
- Court of First Instance
- Case number
- HCLA49/2007
On the totality of the evidence the claimants were held to be employees because the defendant exercised significant control (directions on work, leave, inability to hire replacements), collected and applied fees (including the 45% deduction for running costs), the business registrations and contractual labels were sham, and the factual indicia pointed to employment rather than subcontracting.