陳火根經營根豪公司 對 杜連強

陳火根經營根豪公司 對 杜連強

The applicant's challenges were confined to disputed factual findings and credibility; he did not demonstrate any error of law or that the Tribunal acted beyond its jurisdiction as required by s32, therefore leave to appeal was refused.

Source-derived case information.

Citation
[2019] HKCFI 1839
Parties
Appellant: Du Lianqiang (杜連強); Respondent: Chan For Kan t/a Kan Ho Company (陳火根經營根豪公司)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 July 2019
Case Number
HCLA10/2019
Procedural Posture
Labour Tribunal Appeals (leave to Appeal Applications) / Application for Leave to Appeal; Hearing and Decision Refusing Leave
Outcome
Application for leave to appeal refused
Legal Topics
Payment in Lieu of Notice, Termination of Employment, Credibility Findings, Permission to Appeal Under S32
Source Language
ch
Employment Law Labour Tribunal Jurisdiction Appellate Procedure Payment in Lieu of Notice Termination of Employment Credibility Findings Permission to Appeal Under S32

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Parties

Du Lianqiang (杜連強)

Appellant

Chan For Kan t/a Kan Ho Company (陳火根經營根豪公司)

Respondent

Procedural Posture

Labour Tribunal Appeals (leave to Appeal Applications) / Application for Leave to Appeal; Hearing and Decision Refusing Leave

  1. 1 Whether the applicant established an error of law or excess of jurisdiction by the Labour Tribunal under s32 of the Labour Tribunal Ordinance
  2. 2 Whether the Labour Tribunal's adverse credibility findings were undermined by fabricated or non‑existent witness evidence
  3. 3 Whether mere disagreement with the Tribunal's findings of fact suffices to obtain leave to appeal

Ratio Decidendi

The applicant's challenges were confined to disputed factual findings and credibility; he did not demonstrate any error of law or that the Tribunal acted beyond its jurisdiction as required by s32, therefore leave to appeal was refused.

Court Disposition

Application for leave to appeal refused