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Hong Kong nature of fiduciary relationship

A v D

[2017] 1 HKLRD 779
JurisdictionHong Kong
CourtHK Court of First Instance
Year2017
StatusBinding authority

Summary

Section 100(a) of Cap 609 has limited scope in employment law proceedings in Hong Kong.

Key Principle

The case established limitations on the scope of section 100(a) of Cap 609 in employment law proceedings.

Area of Law

employment

Related Cases

Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd (2022) 275 CLR 165

Employee/independent contractor characterisation is determined by the legal rights and obligations in the written contract, not the totality of the relationship.

ZG Operations Australia Pty Ltd v Jamsek (2022) 275 CLR 215

HCA confirmed that employee/contractor distinction is determined by contractual terms alone, rejecting the multi-factorial totality-of-relationship test.

WorkPac Pty Ltd v Rossato (2021) 271 CLR 456

A casual employee's status is determined by the contractual terms at engagement; regularity of work pattern does not transform casual employment into permanent employment.

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