羅孟君 對 香港通大國際投資有限公司

羅孟君 對 香港通大國際投資有限公司

Leave to appeal was granted because the applicant demonstrated arguable grounds: the tribunal's finding that the contract ended on 27 Oct 2016 lacked reasonable legal or factual basis given contemporaneous documents and notices; the reliability of attendance records and the tribunal's exclusive acceptance of one...

Source-derived case information.

Citation
[2021] HKCFI 464
Parties
Applicant: 羅孟君 (LAW MANG KWAN); Respondent: 香港通大國際投資有限公司 (HONG KONG TONGDA INTERNATIONAL INVESTMENT LIMITED)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 February 2021
Case Number
HCLA13/2018
Procedural Posture
Labour Tribunal Appeal (leave to Appeal to High Court) / Permission to Appeal Application
Outcome
permission to appeal granted
Legal Topics
Unpaid Wages, Overtime, Rest Day Compensation, Notice Pay, Termination Payment, Credibility of Witnesses, Leave to Appeal
Source Language
ch
Employment Law Tribunal Procedure Unpaid Wages Overtime Rest Day Compensation Notice Pay Termination Payment Credibility of Witnesses +1 more

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Parties

羅孟君 (LAW MANG KWAN)

Applicant

香港通大國際投資有限公司 (HONG KONG TONGDA INTERNATIONAL INVESTMENT LIMITED)

Respondent

Procedural Posture

Labour Tribunal Appeal (leave to Appeal to High Court) / Permission to Appeal Application

  1. 1 Whether the employment contract terminated on 27 October 2016 or continued through the notice period to 26 November 2016
  2. 2 Whether employer's computerized attendance records reliably prove employee absence
  3. 3 Whether employee is entitled to unpaid wages, overtime pay, rest day compensation, notice pay and termination payment under relevant statutes and contract

Ratio Decidendi

Leave to appeal was granted because the applicant demonstrated arguable grounds: the tribunal's finding that the contract ended on 27 Oct 2016 lacked reasonable legal or factual basis given contemporaneous documents and notices; the reliability of attendance records and the tribunal's exclusive acceptance of one witness over other contemporaneous evidence gave rise to arguable perverse findings of fact; and there were arguable errors in failing to investigate relevant matters and in legal interpretation of contract clauses affecting overtime and compensatory leave, such that an appeal merits determination on the merits.

Court Disposition

permission to appeal granted

Orders

  • Permission to appeal granted in respect of all claims and all grounds