覃錫鴻 對 吉安旅運有限公司

覃錫鴻 對 吉安旅運有限公司

Leave to appeal was refused because the High Court found the Labour Tribunal made factual determinations about agreed terms and payments without committing any legal error or exceeding its jurisdiction under Cap.25 s32; the applicant presented no arguable point of law going to jurisdiction or legal error sufficient...

Source-derived case information.

Citation
覃錫鴻 對 吉安旅運有限公司
Parties
Appellant: CHUM SEK HUNG CARMAN (覃錫鴻); Respondent: CARRY ON TRAVEL SERVICES LIMITED (吉安旅運有限公司)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 May 2015
Case Number
HCLA8/2015
Procedural Posture
Appeal From Labour Tribunal / Application for Leave to Appeal to High Court Under Cap.25 S32
Outcome
application for leave to appeal refused
Legal Topics
Wage Claims, Leave to Appeal, Jurisdiction, Factual Findings Vs Legal Error
Source Language
ch
Employment Law Labour Tribunal Procedure Contract Law Wage Claims Leave to Appeal Jurisdiction Factual Findings Vs Legal Error

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Parties

CHUM SEK HUNG CARMAN (覃錫鴻)

Appellant

CARRY ON TRAVEL SERVICES LIMITED (吉安旅運有限公司)

Respondent

Procedural Posture

Appeal From Labour Tribunal / Application for Leave to Appeal to High Court Under Cap.25 S32

  1. 1 Whether the Labour Tribunal made an error of law or exceeded its jurisdiction under Cap.25 s32
  2. 2 Whether contested payments (guide fees, tips, convoy/送團 fees, shop payments) constituted wages payable by the respondent
  3. 3 Whether terms distinguishing shopping and non-shopping tours formed binding terms of employment

Ratio Decidendi

Leave to appeal was refused because the High Court found the Labour Tribunal made factual determinations about agreed terms and payments without committing any legal error or exceeding its jurisdiction under Cap.25 s32; the applicant presented no arguable point of law going to jurisdiction or legal error sufficient to merit leave.

Court Disposition

application for leave to appeal refused

Orders

  • Application for leave to appeal refused