Ms. Albertina claims that her grandparents must pay her the minimum wage and overtime pay for her work.

Hypothetical Scenario

Ms. Albertina tends to her grandparents’ gardens three or four days a week. It takes Ms. Albertina considerable time to perform the work, because her grandparents have a lot of land and are demanding about the quality of her work. Every year her grandparents enter their roses into the town’s Annual Flower Competition for a substantial monetary prize. On weekends her grandparents sell much of their produce, including apples, squash, and tomatoes, at a stand at the local farmer’s market to supplement their retirement savings. About once a month, Ms. Albertina’s grandparents give her some cash, but it amounts to less than the minimum wage for her work. The cash is enclosed in greeting cards, like when Ms. Albertina was a child and her grandparents used to slip her cash presents in holiday and birthday cards.

Question: Ms. Albertina claims that her grandparents must pay her the minimum wage and overtime pay for her work. Her grandparents refuse, claiming that Albertina is not a ‘worker’ under the LEGO. Are her grandparents correct about their interpretation of the LEGO? Discuss. Please apply the literal rule, golden rule, mischief rule and purposive approach to statutory interpretation.

Below is the Labour and Economic Growth Ordinance (LEGO) Ordinance (cap. 40)

s.2 Definitions 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.3 Minimum wage and overtime pay

(a) A worker shall be paid no less than the minimum wage, in accordance with Schedule 1 of this Ordinance.

(b) A worker shall be paid overtime, in accordance with Schedule 2 of this Ordinance.

[Schedule 1 provides the minimum wage per hour. Schedule 2 provides the formula for calculating overtime pay, based on the number of hours worked per day and per week. You do not need additional detail about these Schedules.]