MAK KIN HUNG DONALD AND OTHERS v. OPG HUMAN RESOURCES LTD

MAK KIN HUNG DONALD AND OTHERS v. OPG HUMAN RESOURCES LTD

The applications for leave to appeal are refused because the Presiding Officer correctly found that clause 8.7.2 did not form part of most claimants' contracts or was not breached on the facts, accepted the claimants' evidence, and the defendant failed to demonstrate any arguable point of law as required by Labour Tribunal Ordinance s32(1).

Citation
MAK KIN HUNG DONALD AND OTHERS v. OPG HUMAN RESOURCES LTD
Parties
Applicant: Defendant; Respondents: Claimants
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 September 2009
Case Number
HCLA22/2009
Procedural Posture
Labour Tribunal Leave to Appeal / Decision on Application for Leave to Appeal
Outcome
Applications for leave to appeal refused
Legal Topics
Summary Dismissal, Severance Pay, Incorporation of Handbook Terms, Construction of Employment Rules, Threshold for Leave to Appeal
Source Language
EN
Employment Law Contract Law Labour Procedure Summary Dismissal Severance Pay Incorporation of Handbook Terms Construction of Employment Rules Threshold for Leave to Appeal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Defendant

Applicant

Claimants

Respondents

Procedural Posture

Labour Tribunal Leave to Appeal / Decision on Application for Leave to Appeal

Legal Issues

  1. 1 Whether the employer was entitled to summarily dismiss under section 9 of the Employment Ordinance
  2. 2 Whether the 6th amendment to the Staff Handbook (clause 8.7.2) was incorporated into individual claimants' contracts
  3. 3 Whether clause 8.7.2 imposes a blanket ban on contact with other media employees

Ratio Decidendi

The applications for leave to appeal are refused because the Presiding Officer correctly found that clause 8.7.2 did not form part of most claimants' contracts or was not breached on the facts, accepted the claimants' evidence, and the defendant failed to demonstrate any arguable point of law as required by Labour Tribunal Ordinance s32(1).

Court Disposition

Applications for leave to appeal refused

Orders

  • Leave to appeal refused