Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Subcontractor vs employee

Legal area

Court

15 Jul 2008

AU WAI KEUNG AND ANOTHER v. PACIFIC DRAYAGE CO LTD

Citation

AU WAI KEUNG AND ANOTHER v. PACIFIC DRAYAGE CO LTD
Court

Court of First Instance
Case number

HCLA50/2007

On the totality of indicia the claimants were employees: the defendant exercised significant control (personal service, supervision, leave requirements, inability to hire replacements), fixed fees and collected deductions, and the Engagement Contracts were sham; accordingly the Presiding Officer's finding of employment and award for annual leave and statutory holiday pay is upheld.
1 Feb 2008

YIM CHUN FAI v. CHAN KWOK KEUNG t/a K K CHAN DECORATION & ENGINEERING CO

Citation

YIM CHUN FAI v. CHAN KWOK KEUNG t/a K K CHAN DECORATION & ENGINEERING CO
Court

District Court
Case number

DCEC417/2007

On the totality of evidence and credibility findings the Court concluded Applicant was not an employee as defined in s.2 of the Employees Compensation Ordinance; Respondent had subcontracted the work to Applicant, so statutory liability under the Ordinance did not arise and Respondent was not liable.