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Lee Ting Sang v Chung Chi-Keung

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Lee Ting Sang v Chung Chi-Keung [1990] IRLR 236 is an appeal to the Privy Council from Hong Kong regarding employment and the independent business test set out in Market Investigation v Minister for Social Security.

Facts:Edit

A mason worked for a sub-contractor as an independant contractor. However every element of his employment seemed to point to the fact that he is providing personal services as an employee of the sub-contractor.

Judgment:Edit

The court used the test of independent business set out by Cooke J in Market Investigation and held that the mason did not provide personal services as a person in business on his own account, rather he was an employee of the sub-contractor.

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