PERERA MALUGE JUDE ERROL SUSITH v. CHINA SYSTEM CO LTD

PERERA MALUGE JUDE ERROL SUSITH v. CHINA SYSTEM CO LTD

The application for leave to appeal was refused because the applicant failed to show any arguable error of law: the Tribunal was entitled to rely on contemporaneous documents and circumstances in assessing credibility and did not misinterpret relevant matters.

Citation
PERERA MALUGE JUDE ERROL SUSITH v. CHINA SYSTEM CO LTD
Parties
Claimant: Perera Maluge Jude Errol Susith; Defendant: China System Co. Ltd
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 March 2006
Case Number
HCLA68/2005
Procedural Posture
Labour Tribunal Appeal (labour Tribunal Appeal No. 68 of 2005; on Appeal From Labour Tribunal Claim No. 2062 of 2005) / Application for Leave to Appeal Under S.32(1)(a) Labour Tribunal Ordinance (cap. 25)
Outcome
Application for leave to appeal refused
Legal Topics
Summary Dismissal, Suspension, Credibility Assessment, Contemporaneous Documents, Leave to Appeal, Error of Law
Source Language
EN
Employment Law Civil Procedure Evidence Administrative Law Summary Dismissal Suspension Credibility Assessment Contemporaneous Documents +2 more

Case Brief

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Parties

Perera Maluge Jude Errol Susith

Claimant

China System Co. Ltd

Defendant

Procedural Posture

Labour Tribunal Appeal (labour Tribunal Appeal No. 68 of 2005; on Appeal From Labour Tribunal Claim No. 2062 of 2005) / Application for Leave to Appeal Under S.32(1)(a) Labour Tribunal Ordinance (cap. 25)

Legal Issues

  1. 1 Whether the Labour Tribunal's finding of summary dismissal was erroneous in law
  2. 2 Whether the Tribunal misinterpreted or failed to consider contemporaneous documents and communications
  3. 3 Whether there was an arguable point of law sufficient to grant leave to appeal

Ratio Decidendi

The application for leave to appeal was refused because the applicant failed to show any arguable error of law: the Tribunal was entitled to rely on contemporaneous documents and circumstances in assessing credibility and did not misinterpret relevant matters.

Court Disposition

Application for leave to appeal refused

Orders

  • Leave to appeal refused