劉澍財 對 炬暉貿易有限公司

劉澍財 對 炬暉貿易有限公司

The applicant failed to demonstrate any error of law or that the Labour Tribunal exceeded its jurisdiction; the Tribunal's credibility-based factual findings and discretionary costs decision were within lawful bounds, therefore leave to appeal is refused.

Source-derived case information.

Citation
[2021] HKCFI 2410
Parties
Applicant: 劉澍財 (LAU SHUE CHOI); Respondent: 炬暉貿易有限公司 (RED SUN TRADING COMPANY LIMITED)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 August 2021
Case Number
HCLA9/2021
Procedural Posture
Appeal to Court of First Instance From Labour Tribunal / Application for Leave to Appeal (refused)
Outcome
Application for leave to appeal refused
Legal Topics
Unpaid Wages, Variation of Employment Contract, Credibility Findings, Leave to Appeal, Costs
Source Language
ch
Employment Law Civil Procedure Administrative Law Unpaid Wages Variation of Employment Contract Credibility Findings Leave to Appeal Costs

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Parties

劉澍財 (LAU SHUE CHOI)

Applicant

炬暉貿易有限公司 (RED SUN TRADING COMPANY LIMITED)

Respondent

Procedural Posture

Appeal to Court of First Instance From Labour Tribunal / Application for Leave to Appeal (refused)

  1. 1 Whether the parties reached an oral agreement on 30 January 2020 to vary the employment terms and salary calculation from February 2020
  2. 2 Whether any such agreement was temporary or permanent
  3. 3 Whether the Labour Tribunal erred in law in its factual and credibility findings

Ratio Decidendi

The applicant failed to demonstrate any error of law or that the Labour Tribunal exceeded its jurisdiction; the Tribunal's credibility-based factual findings and discretionary costs decision were within lawful bounds, therefore leave to appeal is refused.

Court Disposition

Application for leave to appeal refused

Orders

  • Application for leave to appeal dismissed