KING WIN DYEING WORKS LTD. v. CHEUNG WAN SHING

KING WIN DYEING WORKS LTD. v. CHEUNG WAN SHING

Leave to appeal was granted because the proper allocation of the burden of proof in redundancy/dismissal cases under Part VA raises a question of law of general public importance that requires authoritative determination.

Citation
KING WIN DYEING WORKS LTD. v. CHEUNG WAN SHING
Parties
Intended Respondent: CHEUNG WAN SHING; Intended Appellant: KING WIN DYEING WORKS LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 March 1995
Case Number
HCMP523/1995
Procedural Posture
Labour Tribunal Appeal / Application for Leave to Appeal Under S.35 a Labour Tribunal Ordinance
Outcome
Leave to appeal granted
Legal Topics
Redundancy, Severance Pay, Burden of Proof, Dismissal, Statutory Presumption
Source Language
EN
Employment Law Labour Law Redundancy Severance Pay Burden of Proof Dismissal Statutory Presumption

Case Brief

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Parties

CHEUNG WAN SHING

Intended Respondent

KING WIN DYEING WORKS LIMITED

Intended Appellant

Procedural Posture

Labour Tribunal Appeal / Application for Leave to Appeal Under S.35 a Labour Tribunal Ordinance

Legal Issues

  1. 1 Whether the initial burden of proof lies on the employee to establish that his contract was terminated and that the dismissal was not for good cause under s.9 for the purposes of Part VA of the Employment Ordinance
  2. 2 Whether statutory provisions (notably ss.31Q, 31B, 31D) place a presumption shifting the burden of proof to the employer to rebut redundancy

Ratio Decidendi

Leave to appeal was granted because the proper allocation of the burden of proof in redundancy/dismissal cases under Part VA raises a question of law of general public importance that requires authoritative determination.

Court Disposition

Leave to appeal granted

Orders

  • Leave granted in terms of the revised proposed Notice of Appeal submitted on 22 March 1995