Mr. Desiderio, a Boater, is a robot technician for E-Domestic. As part of his job, he monitors robots, programmes robots, and sometimes overrides the robot’s artificial intelligence system (AI) to take control of the robot when it is not performing correctly.

Hypothetical Scenario

The year is 2040. The company E-Domestic, Inc. has developed robots that can clean, do laundry, walk dogs, cook, and help with personal care and other tasks. E-Domestic’s customers include many of Carterstan’s elderly, disabled, and chronically ill residents who desire to live independently in their own homes but need assistance to do so. Instead of or in addition to hiring human helpers or asking family members to help, these residents use E-Domestic robots.

Mr. Desiderio, a Boater, is a robot technician for E-Domestic. As part of his job, he monitors robots, programmes robots, and sometimes overrides the robot’s artificial intelligence system (AI) to take control of the robot when it is not performing correctly. For instance, if a robot is breaking crystal dishes while trying to wash them, Mr. Desiderio will override the robot’s AI to wash the dishes. Mr. Desiderio can usually perform the above tasks remotely, from his E-Domestic office. However, about once a month, Mr. Desiderio must visit customer homes to perform maintenance on robots and ensure they are performing correctly.

Mr. Desiderio and other technicians at E-Domestic decided to unionize. Being a robot technician requires a PhD in robotic technology, and the technicians felt they should earn more for their work. However, when Mr. Desiderio joined the technicians’ union, E-Domestic terminated his employment.

Question: While admitting that it terminated Mr. Desiderio for unionizing, E-Domestic claims that it did not violate LEGO s.7(b), because Mr. Desiderio is not a ‘worker’ under the Ordinance. Is E-Domestic correct about its interpretation of the LEGO? Discuss.  Please use and apply the literal rule, golden rule, mischief rule and purposive approach to statutory interpretation.

Below is the Labour and Economic Growth Ordinance (LEGO) (cap. 40). Please pay attention to s.2(f) and s.7(b)

s.2 definition of worker

(f) ‘Worker’ shall be construed broadly but shall not include an individual working as a domestic worker or intern; for a parent or spouse; or for a religious, charitable, educational, or similar non-profit organisation where such work is part of the organisation’s charitable activities and not for any commercial purpose.

(g) A ‘domestic worker’ is a person hired to perform work of a domestic nature within a private household. The term includes a (i) cook, (ii) housekeeper, (iii) maid, (iv) companion for a sick, elderly, or convalescing person, (v) nanny, (vi) chauffeur, (vii) dog

walker, and (viii) gardener.

s.7 Freedom to unionize

(a) A worker shall have the right to unionize.

(b) An employer shall not terminate a worker for exercising or seeking to exercise the right to unionize.