KWOK CHUCK SANG v. HONG KONG SECURITY GUARDING SERVICES LTD.

KWOK CHUCK SANG v. HONG KONG SECURITY GUARDING SERVICES LTD.

Because the dismissal letter was signed by Alvis Chan expressly on behalf of the company and the employment contract was between the Claimant and the company, the Presiding Officer rightly amended the defendant to the company and there was no point of law warranting leave to appeal.

Citation
KWOK CHUCK SANG v. HONG KONG SECURITY GUARDING SERVICES LTD.
Parties
Claimant/appellant: KWOK CHUCK SANG; Defendant/respondent: HONG KONG SECURITY GUARDING SERVICES LTD.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 January 1999
Case Number
HCLA3/1999
Procedural Posture
Labour Tribunal Appeal (hcla 3/99) / Leave to Appeal Hearing and Judgment
Outcome
Application for leave to appeal dismissed.
Legal Topics
Amendment of Parties, Wrong Defendant, Dismissal, Leave to Appeal
Source Language
EN
Employment Law Procedural Law Agency Law Amendment of Parties Wrong Defendant Dismissal Leave to Appeal

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Parties

KWOK CHUCK SANG

Claimant/appellant

HONG KONG SECURITY GUARDING SERVICES LTD.

Defendant/respondent

Procedural Posture

Labour Tribunal Appeal (hcla 3/99) / Leave to Appeal Hearing and Judgment

Legal Issues

  1. 1 Whether the Presiding Officer correctly amended the named defendant from an individual to the company
  2. 2 Whether the matter raised a point of law sufficient to grant leave to appeal
  3. 3 Whether a dismissal letter signed by an employee on behalf of a company makes the company the proper defendant

Ratio Decidendi

Because the dismissal letter was signed by Alvis Chan expressly on behalf of the company and the employment contract was between the Claimant and the company, the Presiding Officer rightly amended the defendant to the company and there was no point of law warranting leave to appeal.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • Leave to appeal dismissed.
  • Presiding Officer's amendment of defendant title to Hong Kong Security Guarding Services Ltd. upheld.