5 Dec 2006
LAM YAU KUEN v. EASY (HANG FUNG) TRANSPORTATION CO LTD AND ANOTHER
- Citation
- LAM YAU KUEN v. EASY (HANG FUNG) TRANSPORTATION CO LTD AND ANOTHER
- Court
- District Court
- Case number
- DCCJ1/2006
On the factual matrix (control, integration into the defendants' business, provision of equipment, inability to delegate, no risk of profit/loss and limited freedom to take other work), the court found the relationship to be a contract of service; statutory protections applied (s70); dismissal was not a lawful summary dismissal under s9; defendants failed to rebut the s31Q presumption; defendants unlawfully withheld wages; accordingly judgment was entered for the plaintiff for the claimed sum and the counterclaim was dismissed.