IP WAH v. CHEUNG CHUN CHIU

IP WAH v. CHEUNG CHUN CHIU

The Court held the Tribunal erred in admitting the secret tape without applying the without prejudice test, but that error did not produce substantial wrong or miscarriage because even absent the tape there was ample basis for the Tribunal's finding that the relationship was employment in nature; accordingly the appeal was dismissed and the Tribunal award stood.

Citation
IP WAH v. CHEUNG CHUN CHIU
Parties
Claimant (respondent): Claimant; Defendant (appellant): Defendant (Appellant)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 January 2007
Case Number
HCLA9/2006
Procedural Posture
Labour Tribunal Appeal / Appeal to the Court of First Instance (judgment on Appeal)
Outcome
Appeal dismissed; Tribunal award upheld
Legal Topics
Employment Status, Without Prejudice Privilege, Admissibility of Evidence, Cross Examination, Quantum of Wages, Costs
Source Language
EN
Employment Law Evidence Law Civil Procedure Labour Tribunal Procedure Employment Status Without Prejudice Privilege Admissibility of Evidence Cross Examination +2 more

Case Brief

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Parties

Claimant

Claimant (respondent)

Defendant (Appellant)

Defendant (appellant)

Procedural Posture

Labour Tribunal Appeal / Appeal to the Court of First Instance (judgment on Appeal)

Legal Issues

  1. 1 Whether the claimant was an employee of the appellant
  2. 2 Whether the tape‑recorded conversation was protected by the without prejudice rule and thus inadmissible
  3. 3 Whether the Tribunal erred in restricting cross‑examination about the secret recording

Ratio Decidendi

The Court held the Tribunal erred in admitting the secret tape without applying the without prejudice test, but that error did not produce substantial wrong or miscarriage because even absent the tape there was ample basis for the Tribunal's finding that the relationship was employment in nature; accordingly the appeal was dismissed and the Tribunal award stood.

Court Disposition

Appeal dismissed; Tribunal award upheld

Orders

  • Appeal dismissed
  • Tribunal award ordering appellant to pay sums totalling about $154,000 (wages in lieu of notice, annual leave pay and severance payment) stands