CIANO, VILMA JOY B. v. CHEUK KAM WAN

CIANO, VILMA JOY B. v. CHEUK KAM WAN

Where performance of an employment contract is illegal enforcement depends on whether the employee was a party to or knew of the illegal performance; before applying the bar of illegality the tribunal must make specific findings on whether the employer directed the illegal performance and on the employee's knowledge; absent resolution of that issue the matter must be remitted for that limited factual determination.

Citation
CIANO, VILMA JOY B. v. CHEUK KAM WAN
Parties
Claimant/appellant: CIANO, VILMA JOY B.; Defendant/respondent: CHEUK KAM WAN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 October 1995
Case Number
HCLA78/1995
Procedural Posture
Labour Tribunal Appeal / Appeal Judgment
Outcome
Appeal allowed in part and remitted to the Labour Tribunal for a limited factual determination whether the respondent directed the appellant to work for Mr. Fung; no order as to costs; appellant's own costs to be taxed in accordance with Legal Aid Regulations.
Legal Topics
Illegal Performance of Contract, Enforcement of Contract, Knowledge of Illegality, Ex Turpi Causa, Finding of Fact, Remittal to Tribunal
Source Language
EN
Employment Contract Immigration Public Policy/illegality Illegal Performance of Contract Enforcement of Contract Knowledge of Illegality Ex Turpi Causa +2 more

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Parties

CIANO, VILMA JOY B.

Claimant/appellant

CHEUK KAM WAN

Defendant/respondent

Procedural Posture

Labour Tribunal Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether illegal performance of an otherwise valid employment contract renders it unenforceable
  2. 2 Whether the employee's knowledge or participation in the illegality bars enforcement
  3. 3 Whether the respondent directed the appellant to work for a third party and whether that direction affects liability

Ratio Decidendi

Where performance of an employment contract is illegal enforcement depends on whether the employee was a party to or knew of the illegal performance; before applying the bar of illegality the tribunal must make specific findings on whether the employer directed the illegal performance and on the employee's knowledge; absent resolution of that issue the matter must be remitted for that limited factual determination.

Court Disposition

Appeal allowed in part and remitted to the Labour Tribunal for a limited factual determination whether the respondent directed the appellant to work for Mr. Fung; no order as to costs; appellant's own costs to be taxed in accordance with Legal Aid Regulations.

Orders

  • Appeal allowed in part
  • Remit to Labour Tribunal to determine whether respondent directed appellant to work for Mr. Fung and at Mr. Fung's address