LEUNG CHUNG LAN LORRAINE v. MERCER (HONG KONG) LTD

LEUNG CHUNG LAN LORRAINE v. MERCER (HONG KONG) LTD

The application for leave to appeal was dismissed because the claimant failed to demonstrate any error of law or that the tribunal acted outside its jurisdiction, and there was no arguable ground of appeal given the finding that the claimant was not employed by the defendant and the ORSO benefits were not stipulated in the employment contract with Merrill Lynch.

Citation
LEUNG CHUNG LAN LORRAINE v. MERCER (HONG KONG) LTD
Parties
Defendant (respondent): MERCER (HONG KONG) LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 May 2017
Case Number
HCLA6/2017
Procedural Posture
Application for Leave to Appeal Under Labour Tribunal Ordinance / Decision on Application for Leave to Appeal to Court of First Instance
Outcome
Application dismissed
Legal Topics
ORSO Benefits, Leave to Appeal, Jurisdiction, Maladministration
Source Language
EN
Employment Law Labour Tribunal Procedure Trusts ORSO Benefits Leave to Appeal Jurisdiction Maladministration

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Parties

MERCER (HONG KONG) LIMITED

Defendant (respondent)

Procedural Posture

Application for Leave to Appeal Under Labour Tribunal Ordinance / Decision on Application for Leave to Appeal to Court of First Instance

Legal Issues

  1. 1 Whether the presiding officer erred in law
  2. 2 Whether the Labour Tribunal acted outside its jurisdiction
  3. 3 Whether claimant entitled to ORSO benefits from the defendant as trustee

Ratio Decidendi

The application for leave to appeal was dismissed because the claimant failed to demonstrate any error of law or that the tribunal acted outside its jurisdiction, and there was no arguable ground of appeal given the finding that the claimant was not employed by the defendant and the ORSO benefits were not stipulated in the employment contract with Merrill Lynch.

Court Disposition

Application dismissed

Orders

  • Application for leave to appeal dismissed