鄭麗英 訴 利華防水建築有限公司

鄭麗英 訴 利華防水建築有限公司

Permission to appeal was granted in respect of several arguable legal errors: inadequate investigation of relevant matters under s20, inadequate treatment of the discretionary-bonus evidence, potential errors in the Tribunal's approach to commission calculation (including treatment of projects unfinished at resignation and co-working issues), and admission/consideration of late evidence; one ground alleging unlawful shifting of the burden of proof was rejected as unarguable on the record.

Citation
[2018] HKCFI 738
Parties
Claimant/respondent: 鄭麗英; Defendant/applicant: 利華防水建築有限公司
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 April 2018
Case Number
HCLA12/2017
Procedural Posture
Labour Tribunal Appeal to High Court / Permission to Appeal Decision
Outcome
Permission to appeal granted in part: leave granted on grounds (1)-(4) and (6); permission refused on ground (5).
Legal Topics
Commission, Unpaid Wages, Oral Employment Agreement, Evidential Burden, Duty to Investigate, Admission of Late Evidence
Source Language
CH
Employment Law Labour Law Contract Law Civil Procedure Commission Unpaid Wages Oral Employment Agreement Evidential Burden +2 more

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Parties

鄭麗英

Claimant/respondent

利華防水建築有限公司

Defendant/applicant

Procedural Posture

Labour Tribunal Appeal to High Court / Permission to Appeal Decision

Legal Issues

  1. 1 Existence and terms of an oral commission agreement between employer and employee
  2. 2 Whether payments were contractual commissions or discretionary bonuses
  3. 3 Proper calculation of commissions owed including treatment of ongoing projects post-termination

Ratio Decidendi

Permission to appeal was granted in respect of several arguable legal errors: inadequate investigation of relevant matters under s20, inadequate treatment of the discretionary-bonus evidence, potential errors in the Tribunal's approach to commission calculation (including treatment of projects unfinished at resignation and co-working issues), and admission/consideration of late evidence; one ground alleging unlawful shifting of the burden of proof was rejected as unarguable on the record.

Court Disposition

Permission to appeal granted in part: leave granted on grounds (1)-(4) and (6); permission refused on ground (5).

Orders

  • Permission to appeal granted on the specified legal grounds (grounds (1)-(4) and (6))
  • Appellant to file draft Chinese formal order within 7 days for court approval