CHOW PUI SZE PRISCILLA v. THE FIRST TELEPHONE MOTEL CO LTD

CHOW PUI SZE PRISCILLA v. THE FIRST TELEPHONE MOTEL CO LTD

The application for leave to appeal is dismissed because the Board correctly applied the legal test for employment (objective reality over contractual labels), there was no procedural unfairness in the hearing, the defendant was bound by the evidence given at the hearing and the appropriate channel to adduce further...

Source-derived case information.

Citation
CHOW PUI SZE PRISCILLA v. THE FIRST TELEPHONE MOTEL CO LTD
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 February 2014
Case Number
HCME2/2014
Procedural Posture
Application for Leave to Appeal Against Award of Minor Employment Claims Adjudication Board / Application for Leave to Appeal (leave Hearing); Review Application Stayed/cancelled
Outcome
Application for leave to appeal dismissed
Legal Topics
Employment Relationship, Jurisdiction of Statutory Adjudication Body, Procedural Fairness/fair Trial, Leave to Appeal, Review/reopening of Adjudicator's Award
Source Language
en
Employment Law Administrative Law Civil Procedure Employment Relationship Jurisdiction of Statutory Adjudication Body Procedural Fairness/fair Trial Leave to Appeal Review/reopening of Adjudicator's Award

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Procedural Posture

Application for Leave to Appeal Against Award of Minor Employment Claims Adjudication Board / Application for Leave to Appeal (leave Hearing); Review Application Stayed/cancelled

Legal Issues

  1. 1 Whether the Board had jurisdiction to determine if an employment relationship existed
  2. 2 Whether the hearing was procedurally unfair such that there was an error of law
  3. 3 Whether the defendant can adduce further evidence after opting to pursue an appeal instead of review

Ratio Decidendi

The application for leave to appeal is dismissed because the Board correctly applied the legal test for employment (objective reality over contractual labels), there was no procedural unfairness in the hearing, the defendant was bound by the evidence given at the hearing and the appropriate channel to adduce further evidence was a review under s30 which was foreclosed by the defendant's pursuit of appeal, and the counterclaim lay outside the Board's statutory jurisdiction.

Court Disposition

Application for leave to appeal dismissed

Orders

  • Application for leave to appeal dismissed with no order as to costs