LADERA, DELIA C v. TSAI MENG CHEN

LADERA, DELIA C v. TSAI MENG CHEN

The tribunal's factual finding that the claimant assaulted the employer and third party, supported by medical evidence and an independent witness, justified summary dismissal; therefore the claimant was not entitled to wages in lieu of notice or damages for constructive dismissal, and there was no relevant question of law to grant leave to appeal.

Citation
LADERA, DELIA C v. TSAI MENG CHEN
Parties
Claimant/appellant: Ladera, Delia C; Defendant/respondent: Tsai Meng Chen
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 January 2000
Case Number
HCLA80/1999
Procedural Posture
Labour Tribunal Appeal (hcla 80/1999) / Application for Leave to Appeal (in Chambers)
Outcome
Leave to appeal refused
Legal Topics
Constructive Dismissal, Summary Dismissal, Wages in Lieu of Notice, Credibility of Witnesses, Leave to Appeal
Source Language
EN
Employment Law Labour Law Contract Law Constructive Dismissal Summary Dismissal Wages in Lieu of Notice Credibility of Witnesses Leave to Appeal

Case Brief

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Parties

Ladera, Delia C

Claimant/appellant

Tsai Meng Chen

Defendant/respondent

Procedural Posture

Labour Tribunal Appeal (hcla 80/1999) / Application for Leave to Appeal (in Chambers)

Legal Issues

  1. 1 Whether the Labour Tribunal erred in failing to apply section 10 of the Employment Ordinance
  2. 2 Whether the claimant was constructively dismissed
  3. 3 Whether summary dismissal was justified by the claimant's alleged assault on the employer and third party

Ratio Decidendi

The tribunal's factual finding that the claimant assaulted the employer and third party, supported by medical evidence and an independent witness, justified summary dismissal; therefore the claimant was not entitled to wages in lieu of notice or damages for constructive dismissal, and there was no relevant question of law to grant leave to appeal.

Court Disposition

Leave to appeal refused

Orders

  • Application for leave to appeal refused