IP MAN LOK v. SUN SANG PRINTING & DEYING FACTORY

IP MAN LOK v. SUN SANG PRINTING & DEYING FACTORY

The Presiding Officer failed to make sufficient and clear findings on whether an application for leave was submitted, whether it was denied, or whether a practice allowed employees to assume approval; because the findings were inadequate the appeal is allowed and the matter is remitted for re-trial.

Citation
IP MAN LOK v. SUN SANG PRINTING & DEYING FACTORY
Parties
Claimant/applicant: Ip Man Lok; Defendant/respondent: Sun Sang Printing & Deying Factory
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 October 1995
Case Number
HCLA74/1995
Procedural Posture
Labour/tribunal Appeal / Appeal Judgment Remitting Case for Re Trial
Outcome
Appeal allowed and case remitted for re-trial
Legal Topics
Leave, Notice Pay, Long Service Payment, Implied Terms, Procedural Fairness, Evidence
Source Language
EN
Employment Law Labour Law Contract Law Leave Notice Pay Long Service Payment Implied Terms Procedural Fairness +1 more

Case Brief

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Parties

Ip Man Lok

Claimant/applicant

Sun Sang Printing & Deying Factory

Defendant/respondent

Procedural Posture

Labour/tribunal Appeal / Appeal Judgment Remitting Case for Re Trial

Legal Issues

  1. 1 Whether the claimant applied for and obtained approval for leave before absence
  2. 2 Whether the claimant was entitled to 7 days wages in lieu of notice
  3. 3 Whether the claimant was entitled to long service payment

Ratio Decidendi

The Presiding Officer failed to make sufficient and clear findings on whether an application for leave was submitted, whether it was denied, or whether a practice allowed employees to assume approval; because the findings were inadequate the appeal is allowed and the matter is remitted for re-trial.

Court Disposition

Appeal allowed and case remitted for re-trial

Orders

  • Remit for re-trial before the Tribunal
  • Costs of this appeal to abide the result of the re-trial