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Lee Ting Sang V Chung Chi-Keung
''Lee Ting Sang v Chung Chi-Keung'' Court of Appeal of Hong Kong The Court of Appeal of the High Court of Hong Kong is the second most senior court in the Hong Kong legal system. It deals with appeals on all civil and criminal cases from the Court of First Instance and the District Court. It is one of t .... Facts A skilled stonemason wanted to claim he was within the health and safety regulations. To do so, he would have to be regarded in law as an employee. Advice Mr Lee Ting Sang was regarded as an employee. Therefore, he could claim that he was within the health and safety regulations. This was in spite of the fact that he was not, due to the skills he possessed, instructed how to do the job. The court took into account that he (1) worked mainly for a subcontractor on short-term basis, (2) was paid a piece-work rate or a daily rate, (3) did not possess any equipment, (4) did not hire any helpers, and (5) was not required to exercise management of the job, Signific ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Committee Of The Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August 1833 to hear appeals formerly heard by the King-in-Council, the Privy Council formerly acted as the court of last resort for the entire British Empire, other than for the United Kingdom itself.P. A. Howell, ''The Judicial Committee of the Privy Council, 1833–1876: Its Origins, Structure, and Development'', Cambridge, UK: Cambridge University Press, 1979 Formally a statutory committee of His Majesty's Most Honourable Privy Council, the Judicial Committee consists of senior judges who are Privy Councillors; they are predominantly Justices of the Supreme Court of the United Kingdom and senior judges from the Commonwealth of Nations. Although it is often simply referred to as the 'Privy Council', the Judicial Committee is only one cons ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Bridge Of Harwich
Nigel Cyprian Bridge, Baron Bridge of Harwich, PC (26 February 1917 − 20 November 2007) was a British judge, who served as Lord of Appeal in Ordinary between 1980 and 1992. A leading appellate judge, Bridge is also remembered for having presided over the Birmingham Six trial. Early life Bridge was born in Codicote, Hertfordshire, the second son of Commander Cyprian Dunscomb Charles Bridge, Royal Navy, and of Gladys Bridge, ''née'' Steel, the daughter of a Lancashire cotton manufacturer. He never met his father, who had abandoned his mother shortly after his birth. He was the younger brother of Anthony Bridge, later Dean of Guildford. He followed his elder brother to Marlborough College, with a scholarship. Disliking the school, he went to Europe, where he learned French and German. Returning to Britain, he worked as a journalist on regional newspapers in Lancashire, and wrote an unpublished novel. He volunteered to join the Fleet Air Arm before the Second World War broke ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Templeman
Sydney William Templeman, Baron Templeman, MBE, PC (3 March 1920 – 4 June 2014) was a British judge. He served as a Lord of Appeal in Ordinary from 1982 to 1995. Early life and career Templeman was born on 3 March 1920, the son of Herbert William Templeman (a coal merchant) & his wife Lilian née Pheasant. He was educated at Southall Grammar School and St John's College, Cambridge, where he was a scholar and read History. His studies were interrupted by World War II. In 1941, he was commissioned into the 4 Gorkha Rifles, and saw action on the Northwest Frontier, at Arakan, Imphal, and Burma. For his wartime service, he was mentioned in dispatches, and was demobilised as an honorary Major, and then later appointed an MBE for his war service. After the War, he returned to Cambridge to finish his studies, and read Law. He was called to the bar by the Middle Temple, where he was a Harmsworth Scholar, but joined Lincoln's Inn ''ad eundem'' as a MacMahon Scholar. He also practiced ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hugh Griffiths, Baron Griffiths
William Hugh Griffiths, Baron Griffiths, MC, PC (26 September 1923 – 30 May 2015) was a British soldier, cricketer, barrister, judge and life peer. The son of Sir Hugh Griffiths, he was educated at Charterhouse School and St John's College, Cambridge. During the Second World War he served in the Welsh Guards, receiving a Military Cross in 1944 for an action in which he disarmed a German tank. Griffiths was called to the Bar, Inner Temple in 1949, and became a Queen's Counsel in 1964. From 1962 to 1964, he was Recorder of Margate, and from 1964 to 1970 of Cambridge. In 1971, Griffiths was knighted and was made Judge of the High Court of Justice, Queen's Bench Division, a post he held until 1980. Between 1980 and 1985, he was Lord Justice of Appeal, and between 1985 and 1993 Lord of Appeal in Ordinary, and was created, on 23 May 1985, a life peer with the title Baron Griffiths, of Govilon, in the County of Gwent on his appointment. Griffiths married three times: first ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Goff Of Chieveley
Robert Lionel Archibald Goff, Baron Goff of Chieveley, (12 November 1926 – 14 August 2016) was an English barrister and judge who was Senior Lord of Appeal in Ordinary, the equivalent of today's President of the Supreme Court. Best known for establishing unjust enrichment as a branch of English law, he has been described by Andrew Burrows as "the greatest judge of modern times". Goff was the original co-author of ''Goff & Jones'', the leading English law textbook on restitution and unjust enrichment, first published in 1966. He practised as a commercial barrister from 1951 to 1975, following which he began his career as a judge. He was appointed to the Judicial Committee of the House of Lords in 1986. Goff was born in his mother's family home in Perthshire, Scotland, and was raised in Hampshire, England. He obtained a place at New College, Oxford, but was called up in December 1944 and served in the Scots Guards in Italy until going to Oxford in October 1948. He earned a fir ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Lowry
Robert Lynd Erskine Lowry, Baron Lowry, PC, PC (NI) (30 January 1919 – 15 January 1999), was a Lord Chief Justice of Northern Ireland and a Lord of Appeal in Ordinary. Knighted in 1971, he was created a life peer as Baron Lowry, of Crossgar in the County of Down, on 18 July 1979, in the early months of the Thatcher government. Early life His father was former Ulster Unionist Member of ParliamentODNB and Attorney General for Northern Ireland William Lowry. His mother was a niece of Sinn Féin activist, Robert Wilson Lynd.''Obituary: Lord Lowry''; The Independent; 18 January 1999 He attended the Royal Belfast Academical Institution and Jesus College, Cambridge, where he read Classics, achieving a double first. Military During the Second World War, he fought with the Royal Inniskilling Fusiliers in Tunisia, followed by the Royal Irish Fusiliers before becoming a Major in 1945. He has since held the title of Honorary Colonel for * 38th Irish Infantry Brigade - 5th Battalion a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract Of Employment
An employment contract or contract of employment is a kind of contract used in labour law to attribute rights and responsibilities between parties to a bargain. The contract is between an "employee" and an "employer". It has arisen out of the old master-servant law, used before the 20th century. Employment contracts relies on the concept of authority, in which the employee agrees to accept the authority of the employer and in exchange, the employer agrees to pay the employee a stated wage (Simon, 1951). Terminology A contract of employment is usually defined to mean the same as a "contract of service". A contract of service has historically been distinguished from a contract for the supply of services, the expression altered to imply the dividing line between a person who is "employed" and someone who is "self-employed". The purpose of the dividing line is to attribute rights to some kinds of people who work for others. This could be the right to a minimum wage, holiday pay, sick ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
UK Labour Law
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equity (legal concept), equity. This includes the right to a minimum wage of £9.50 for over-23-year-olds from April 2022 under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 days paid holidays, breaks from work, and attempt to limit long working hours. The Employment Rights Act 1996 gives the right to leave for child care, and the right to request flexible working patterns. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension, whose funds must be protected according to the Pensions Act 1995. Workers must be able to vote for trustees of their occupational pensions under the Pensions Act 2004. In some enterprises, such as universities, staff can Codetermina ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract Of Employment In English Law
An employment contract in English law is a specific kind of contract whereby one person performs work under the direction of another. The two main features of a contract is that work is exchanged for a wage, and that one party stands in a relationship of relative dependence, or inequality of bargaining power. On this basis, statute, and to some extent the common law, requires that compulsory rights are enforceable against the employer. There are diverging views about the scope by which English law covers employees, as different tests are used for different kinds of employment rights, legislation draws an apparent distinction between a "worker" and an "employee", and the use of these terms are also different from their use in the European Court of Justice and European Union Directives. Under the Employment Rights Act 1996 section 230, an "employee" is anyone with a contract of service, which takes its meaning from a series of court cases that are also applicable for tax and tort law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal (Hong Kong)
The Court of Appeal of the High Court of Hong Kong is the second most senior court in the Hong Kong legal system. It deals with appeals on all civil and criminal cases from the Court of First Instance and the District Court. It is one of two courts that makes up the High Court of Hong Kong (which was formerly known as the Supreme Court of Hong Kong). Sometimes criminal appeals from Magistrates' Courts with general public importance are also dealt with in the Court of Appeal, either by referral by a single judge from the Court of First Instance, or upon granting of leave on application for review by the Secretary for Justice. This court also hears appeals from the Lands Tribunal and various tribunals and statutory bodies. The Chief Judge of the High Court of Hong Kong serves as the President of the Court of Appeal. Prior to the establishment of the Court of Appeal in 1976, a Full Court consisting of first instance High Court judges was constituted to hear appeals. Cases i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
EU Labour Law
European labour law regulates basic transnational standards of employment and partnership at work in the European Union and countries adhering to the European Convention on Human Rights. In setting regulatory floors to competition for job-creating investment within the Union, and in promoting a degree of employee consultation in the workplace, European labour law is viewed as a pillar of the "European social model". Despite wide variation in employment protection and related welfare provision between member states, a contrast is typically drawn with conditions in the United States. The European Union, under the Treaty on the Functioning of the European Union, article 153(1) is able to use the ordinary legislation procedure on a list of labour law fields. This notably excludes wage regulation and collective bargaining. Four main fields of EU regulation of labour rights include (1) individual labour rights, (2) anti-discrimination regulations, (3) rights to information, consultatio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
US Labor Law
United States labor law sets the rights and duties for employees, labor unions, and employers in the United States. Labor law's basic aim is to remedy the "inequality of bargaining power" between employees and employers, especially employers "organized in the corporate or other forms of ownership association". Over the 20th century, federal law created minimum social and economic rights, and encouraged state laws to go beyond the minimum to favor employees. The Fair Labor Standards Act of 1938 requires a federal minimum wage, currently $7.25 but higher in 29 states and D.C., and discourages working weeks over 40 hours through time-and-a-half overtime pay. There is no federal law, and few state laws, requiring paid holidays or paid family leave. The Family and Medical Leave Act of 1993 creates a limited right to 12 weeks of unpaid leave in larger employers. There is no automatic right to an occupational pension beyond federally guaranteed Social Security, but the Employee Retire ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
