DELA CRUZ, CRISTINA C. v. YU WAI-SAM, UNA

DELA CRUZ, CRISTINA C. v. YU WAI-SAM, UNA

The Labour Tribunal's detailed factual findings that the claimant did not commence work and that the respondent did not cancel the contract were supported by evidence; an appeal court will not disturb those findings and, with the claimant's allegations disbelieved, there was no basis for constructive dismissal, so the appeal is dismissed.

Citation
DELA CRUZ, CRISTINA C. v. YU WAI-SAM, UNA
Parties
Appellant/claimant: DELA CRUZ, CRISTINA C.; Respondent/defendant: YU WAI-SAM, UNA
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 June 1995
Case Number
HCLA34/1995
Procedural Posture
Labour Tribunal Appeal / Decision on Appeal (judgment)
Outcome
Appeal dismissed.
Legal Topics
Constructive Dismissal, Breach of Contract, Minimum Wage, Appeal Review of Factual Findings, Costs
Source Language
EN
Employment Law Labour Law Constructive Dismissal Breach of Contract Minimum Wage Appeal Review of Factual Findings Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

DELA CRUZ, CRISTINA C.

Appellant/claimant

YU WAI-SAM, UNA

Respondent/defendant

Procedural Posture

Labour Tribunal Appeal / Decision on Appeal (judgment)

Legal Issues

  1. 1 Whether the claimant was constructively dismissed by the employer based on an alleged telephone conversation
  2. 2 Whether the claimant breached her employment contract by failing to report for work
  3. 3 Whether the Appellate Court can overturn the Labour Tribunal's findings of fact

Ratio Decidendi

The Labour Tribunal's detailed factual findings that the claimant did not commence work and that the respondent did not cancel the contract were supported by evidence; an appeal court will not disturb those findings and, with the claimant's allegations disbelieved, there was no basis for constructive dismissal, so the appeal is dismissed.

Court Disposition

Appeal dismissed.

Orders

  • Appeal dismissed
  • Labour Tribunal award of one month\'s wages in lieu of notice against the claimant is affirmed