LEE SIN YEE SHEREE v. BOLLYMAN LTD

LEE SIN YEE SHEREE v. BOLLYMAN LTD

The court upheld the Presiding Officer's factual finding that Miss Lee was employed by Bollyman from August 2009 and that there was no termination of that employment; the evidence supported that finding and the appellant failed to show any legal error warranting reversal, so the appeal was dismissed and the Tribunal award was affirmed.

Citation
LEE SIN YEE SHEREE v. BOLLYMAN LTD
Parties
Claimant (respondent): Lee Sin Yee Sheree; Defendant (appellant): Bollyman Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 October 2016
Case Number
HCLA19/2014
Procedural Posture
Labour Tribunal Appeal to High Court (court of First Instance) / Judgment on Appeal
Outcome
Appeal dismissed; Tribunal award affirmed
Legal Topics
Employment Status, Employer Identification, Transfer of Employment, Lifting of Corporate Veil, Jurisdiction of Labour Tribunal, Appeal on Point of Law
Source Language
EN
Employment Law Labour Tribunal Company Law Contract Law Civil Procedure Employment Status Employer Identification Transfer of Employment +3 more

Case Brief

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Parties

Lee Sin Yee Sheree

Claimant (respondent)

Bollyman Limited

Defendant (appellant)

Procedural Posture

Labour Tribunal Appeal to High Court (court of First Instance) / Judgment on Appeal

Legal Issues

  1. 1 Whether the claimant was employed by Bollyman Limited or by Bollyman Express Inc
  2. 2 Whether the employment was transferred to Bollyman Express Inc upon incorporation
  3. 3 Whether the Labour Tribunal Presiding Officer erred in fact-finding or failed in statutory duty to investigate

Ratio Decidendi

The court upheld the Presiding Officer's factual finding that Miss Lee was employed by Bollyman from August 2009 and that there was no termination of that employment; the evidence supported that finding and the appellant failed to show any legal error warranting reversal, so the appeal was dismissed and the Tribunal award was affirmed.

Court Disposition

Appeal dismissed; Tribunal award affirmed

Orders

  • Appeal dismissed
  • Tribunal award of HK$432,158.85 in favour of Miss Lee affirmed