趙桂仙 對 百卡弗香港有限公司

趙桂仙 對 百卡弗香港有限公司

The Court refused permission to appeal because the Labour Tribunal's factual finding that dismissal was for the employee's inadequate work performance during probation was supported by documentary evidence (WhatsApp message and a signed labour department meeting record) and there was no legal error; the applicant...

Source-derived case information.

Citation
[2024] HKCFI 2970
Parties
Applicant: 趙桂仙 (CHIU KWAI SIN); Respondent: 百卡弗香港有限公司 (BAKKAVOR HONG KONG LIMITED)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 October 2024
Case Number
HCLA30/2024
Procedural Posture
Labour Tribunal Appeal / Application for Permission to Appeal to Court of First Instance
Outcome
Application for permission to appeal dismissed
Legal Topics
Unlawful Dismissal Following Workplace Injury, Section 32 A/32 K/32 O/32 P Remedies, Standard of Review on Appeal From Tribunal, Credibility and Evidential Sufficiency
Source Language
ch
Employment Law Workers' Compensation Administrative/appeal Procedure Unlawful Dismissal Following Workplace Injury Section 32 A/32 K/32 O/32 P Remedies Standard of Review on Appeal From Tribunal Credibility and Evidential Sufficiency

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Parties

趙桂仙 (CHIU KWAI SIN)

Applicant

百卡弗香港有限公司 (BAKKAVOR HONG KONG LIMITED)

Respondent

Procedural Posture

Labour Tribunal Appeal / Application for Permission to Appeal to Court of First Instance

  1. 1 Whether the dismissal breached Employees' Compensation Ordinance (Cap.282) s48 and so triggered remedies under Employment Ordinance s32O/32P
  2. 2 Whether the employer proved a potentially fair reason under Employment Ordinance s32K for dismissal
  3. 3 Whether the Labour Tribunal made an error of law or its factual findings were unsupported by evidence such as to justify granting leave to appeal

Ratio Decidendi

The Court refused permission to appeal because the Labour Tribunal's factual finding that dismissal was for the employee's inadequate work performance during probation was supported by documentary evidence (WhatsApp message and a signed labour department meeting record) and there was no legal error; the applicant did not show the tribunal's factual conclusions were unsupported by evidence or legally erroneous, so leave to appeal was properly refused.

Court Disposition

Application for permission to appeal dismissed

Orders

  • Application for permission to appeal dismissed