TSUI CHUNG FAI v. KWOK’S FASHION CO LTD

TSUI CHUNG FAI v. KWOK’S FASHION CO LTD

The Court held that although paragraph 1(a) of the Labour Tribunal Ordinance Schedule does not cover contracts performed wholly outside Hong Kong (per Matheson), claims for wages and statutory benefits protected by the Employment Ordinance are claims arising from failure to comply with that Ordinance and therefore fall within paragraph 1(b); accordingly the Labour Tribunal has jurisdiction to adjudicate the claimant's claim for wages, end of year payment and annual leave pay even though the employment was performed in Shanghai. The appeal was dismissed.

Citation
TSUI CHUNG FAI v. KWOK’S FASHION CO LTD
Parties
Claimant: Claimant; Defendant: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 August 2004
Case Number
HCLA154/2003
Procedural Posture
Appeal From Labour Tribunal / Appeal to Court of First Instance (hearing and Decision)
Outcome
Appeal dismissed
Legal Topics
Employment Ordinance, Labour Tribunal Jurisdiction, Contracts for Employment Outside Hong Kong Ordinance (cap.78), Forum Non Conveniens, Foreign Tax Law
Source Language
EN
Employment Law Jurisdiction Conflict of Laws Statutory Interpretation Employment Ordinance Labour Tribunal Jurisdiction Contracts for Employment Outside Hong Kong Ordinance (cap.78) Forum Non Conveniens +1 more

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Parties

Claimant

Claimant

Defendant

Defendant

Procedural Posture

Appeal From Labour Tribunal / Appeal to Court of First Instance (hearing and Decision)

Legal Issues

  1. 1 Whether the Labour Tribunal has jurisdiction to determine claims arising from a contract of employment performed wholly outside Hong Kong
  2. 2 Whether the claimant's claim is a claim for breach of contract excluded from tribunal jurisdiction under paragraph 1(a) or a statutory claim under paragraph 1(b) of the Labour Tribunal Ordinance schedule
  3. 3 Whether the Hong Kong forum should be declined in favour of Shanghai because PRC tax law is involved

Ratio Decidendi

The Court held that although paragraph 1(a) of the Labour Tribunal Ordinance Schedule does not cover contracts performed wholly outside Hong Kong (per Matheson), claims for wages and statutory benefits protected by the Employment Ordinance are claims arising from failure to comply with that Ordinance and therefore fall within paragraph 1(b); accordingly the Labour Tribunal has jurisdiction to adjudicate the claimant's claim for wages, end of year payment and annual leave pay even though the employment was performed in Shanghai. The appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • No order as to costs of the appeal