Read the full judgment text of CACV 81/2017 on BabelCite. This Court of Appeal judgment was delivered on 9 March 2018 before Cheung Chak-yiu JA, Yuen Ka-ning JA, Kwan Shuk-hing JA.
Employment law – employee compensation – determination of employment relationship – multi-factor test – control – provision of equipment – financial risk – overall impression – accident at work – factual findings – appellate intervention – costs – The Applicant claimed employee compensation for a back injury sustained while working as a driver and搬运工 for the Respondent. The Respondent denied an employment relationship, arguing the Applicant was an independent contractor. The trial judge applied the multi-factor test from Poon Chau Nam v Yim Siu Cheung and found the Applicant was an employee, based on factors including the company's control over work schedules, provision of vehicle and expenses, and lack of independent business structure. The judge also accepted the Applicant's account of the accident, supported by hospital records. The Court of Appeal dismissed the appeal, holding that the trial judge's findings were supported by evidence and not clearly wrong. The Respondent was ordered to pay costs, with the Applicant's costs taxed under the Legal Aid Regulations.
Legal issues: Employment relationship determination · Factual finding on accident occurrence
Outcome: Appeal dismissed; the trial judge's findings of employment and accident are upheld.
Cited by 3 cases