WOON THEAN MUN v. HONG KONG AIRLINES LTD

WOON THEAN MUN v. HONG KONG AIRLINES LTD

Leave to appeal was granted in part because the applicant demonstrated arguable errors of law and potential failure to discharge the statutory duty to investigate such that a fair determination may be impeded; the core issues involved construction of the Employment Contract and incorporation of the Conditions (mixed...

Source-derived case information.

Citation
[2019] HKCFI 2968
Parties
Claimant / Applicant: Claimant (C); Defendant / Respondent: Defendant (D)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 December 2019
Case Number
HCLA27/2018
Procedural Posture
Labour Tribunal Appeal to High Court (point of Law) / Application for Leave to Appeal Determined (high Court Judgment)
Outcome
Application for leave to appeal granted in part
Legal Topics
Contract Renewal, Incorporation of Employment Conditions/handbook, Duty to Investigate, Leave to Appeal on Point of Law, Wrongful/constructive Dismissal, Notice in Lieu, Appeal on Mixed Fact and Law
Source Language
en
Employment Law Contract Law Civil Procedure Administrative Law Contract Renewal Incorporation of Employment Conditions/handbook Duty to Investigate Leave to Appeal on Point of Law +3 more

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Parties

Claimant (C)

Claimant / Applicant

Defendant (D)

Defendant / Respondent

Procedural Posture

Labour Tribunal Appeal to High Court (point of Law) / Application for Leave to Appeal Determined (high Court Judgment)

Legal Issues

  1. 1 Whether the employment contract was validly renewed
  2. 2 Whether the Conditions were incorporated into the Employment Contract
  3. 3 Whether the Deputy Presiding Officer failed to discharge her statutory duty to investigate relevant allegations (malice, conspiracy, discrimination, fraud)

Ratio Decidendi

Leave to appeal was granted in part because the applicant demonstrated arguable errors of law and potential failure to discharge the statutory duty to investigate such that a fair determination may be impeded; the core issues involved construction of the Employment Contract and incorporation of the Conditions (mixed fact and law) which are amenable to appeal. Leave was limited to the 1st, 3rd and 4th Grounds and new facts not canvassed at trial cannot be relied on at appeal.

Court Disposition

Application for leave to appeal granted in part

Orders

  • Leave to appeal granted on the 1st, 3rd and 4th Grounds only
  • Claimant may not rely on any additional or varied grounds of appeal beyond those granted leave