Cantojos Ricardo Hipol v. Jaffar Hussain

Cantojos Ricardo Hipol v. Jaffar Hussain

On the facts found by the Labour Tribunal — that the contract was illegal as performed and that the employee was equally reprehensible as the employer — the court must refuse relief because granting assistance would countenance illegality; the Tribunal's factual findings could not be disturbed on appeal.

Citation
Cantojos Ricardo Hipol v. Jaffar Hussain
Parties
Claimant/appellant: Cantojos Ricardo Hipol; Defendant/respondent: Jaffar Hussain
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 April 1997
Case Number
HCLA137/1996
Procedural Posture
Labour Tribunal Appeal to High Court / Appeal Judgment (hearing 27 March 1997; Judgment Delivered 4 April 1997)
Outcome
Appeal dismissed.
Legal Topics
Illegality of Contract Performance, Wages in Lieu of Notice, Comparative Blameworthiness, Remedies for Employees, Domestic Helper Contract Conditions
Source Language
EN
Employment Law Contract Law Immigration Law Labour Law Illegality of Contract Performance Wages in Lieu of Notice Comparative Blameworthiness Remedies for Employees +1 more

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Parties

Cantojos Ricardo Hipol

Claimant/appellant

Jaffar Hussain

Defendant/respondent

Procedural Posture

Labour Tribunal Appeal to High Court / Appeal Judgment (hearing 27 March 1997; Judgment Delivered 4 April 1997)

Legal Issues

  1. 1 Whether contract was illegal as performed due to breach of immigration/contractual conditions
  2. 2 Whether court may grant relief to a plaintiff under an illegal contract
  3. 3 Whether the employee's blameworthiness compared to employer's prevents relief

Ratio Decidendi

On the facts found by the Labour Tribunal — that the contract was illegal as performed and that the employee was equally reprehensible as the employer — the court must refuse relief because granting assistance would countenance illegality; the Tribunal's factual findings could not be disturbed on appeal.

Court Disposition

Appeal dismissed.

Orders

  • Appeal dismissed.