3.9 Cases on substitution and delegation: for employment
3.9.1 Privy Council
The troublesome 1991 case of Lee v Chung was an appeal from Hong Kong which concerned an injury at work (an area where one does, regrettably, have to watch out for judicial bias). Lee was a skilled craftsman and was regarded as an employee partly because he did not hire his own helpers:
‘He gave priority to [Chung’s] work and if asked by [Chung] to do an urgent job he would tell those he was working for that they would have to employ someone else … If he was an independent contractor in business on his own account, one would expect that he would attempt to keep both contracts by hiring others to fulfil the contract he had to leave.’
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