DE NICOLAS, NENITA CIENTOS v. LEE FUNG LAN

DE NICOLAS, NENITA CIENTOS v. LEE FUNG LAN

Leave to appeal was granted because there was an arguable error of law: the Labour Tribunal may have failed to apply the principle that a constructive dismissal under s.10 can give rise to common law damages rather than being confined to wages in lieu of notice, warranting appellate consideration.

Citation
DE NICOLAS, NENITA CIENTOS v. LEE FUNG LAN
Parties
Appellant/claimant: DE NICOLAS, NENITA CIENTOS; Respondent/defendant: LEE FUNG LAN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 April 1997
Case Number
HCLA15/1997
Procedural Posture
Labour Tribunal Appeal to High Court (employment Dispute) / Application for Leave to Appeal (leave Granted)
Outcome
Leave to appeal granted to the Claimant
Legal Topics
Constructive Dismissal, Damages for Breach of Contract, Wages in Lieu of Notice, Employment Ordinance S.10, Leave to Appeal
Source Language
EN
Employment Law Contract Law Civil Procedure Constructive Dismissal Damages for Breach of Contract Wages in Lieu of Notice Employment Ordinance S.10 Leave to Appeal

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Parties

DE NICOLAS, NENITA CIENTOS

Appellant/claimant

LEE FUNG LAN

Respondent/defendant

Procedural Posture

Labour Tribunal Appeal to High Court (employment Dispute) / Application for Leave to Appeal (leave Granted)

Legal Issues

  1. 1 Whether the Labour Tribunal erred in limiting the claimant's remedy to one month's pay in lieu of notice
  2. 2 Whether the claimant was constructively dismissed under s.10 of the Employment Ordinance and thus entitled to common law damages rather than only wages in lieu of notice
  3. 3 Whether leave to appeal should be granted on the basis of an arguable error of law by the Labour Tribunal

Ratio Decidendi

Leave to appeal was granted because there was an arguable error of law: the Labour Tribunal may have failed to apply the principle that a constructive dismissal under s.10 can give rise to common law damages rather than being confined to wages in lieu of notice, warranting appellate consideration.

Court Disposition

Leave to appeal granted to the Claimant

Orders

  • Leave to appeal granted to the Claimant
  • Costs of the application for leave to appeal reserved