李永恒 對 金德電業工程有限公司

李永恒 對 金德電業工程有限公司

Leave to appeal was refused because the applicant failed to demonstrate any arguable error of law by the Tribunal: the Tribunal’s factual findings that the employee knowingly sent unauthorised and false emails, breached fidelity and refused lawful reasonable instructions were supported by evidence and were within...

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Citation
李永恒 對 金德電業工程有限公司
Parties
Appellant: LEE WING HANG HAPPY (李永恒); Respondent: KAM TAK ELECTRICAL ENGINEERING COMPANY LIMITED (金德電業工程有限公司)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 December 2013
Case Number
HCLA10/2013
Procedural Posture
Labour Tribunal Appeal (employment Dismissal) / Application for Leave to Appeal to High Court Refused
Outcome
Application for leave to appeal refused
Legal Topics
Summary Dismissal Under Employment Ordinance S9, Statutory Sick Leave Protection S33(4 B) and Entitlement S33(4 Ba), Breach of Fidelity/good Faith, Credibility and Factual Findings, Discretion to Summon Witnesses
Source Language
ch
Employment Law Administrative Law Labour Tribunal Procedure Summary Dismissal Under Employment Ordinance S9 Statutory Sick Leave Protection S33(4 B) and Entitlement S33(4 Ba) Breach of Fidelity/good Faith Credibility and Factual Findings Discretion to Summon Witnesses

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Parties

LEE WING HANG HAPPY (李永恒)

Appellant

KAM TAK ELECTRICAL ENGINEERING COMPANY LIMITED (金德電業工程有限公司)

Respondent

Procedural Posture

Labour Tribunal Appeal (employment Dismissal) / Application for Leave to Appeal to High Court Refused

  1. 1 Whether employer had sufficient cause under Employment Ordinance s9 to summarily dismiss
  2. 2 Whether dismissal occurred during paid sick leave and triggered s33(4B)/s33(4BA) protection and entitlements under ss32M/32O/32P
  3. 3 Whether the Labour Tribunal committed an error of law in its findings of fact and credibility

Ratio Decidendi

Leave to appeal was refused because the applicant failed to demonstrate any arguable error of law by the Tribunal: the Tribunal’s factual findings that the employee knowingly sent unauthorised and false emails, breached fidelity and refused lawful reasonable instructions were supported by evidence and were within its discretion; therefore the summary dismissal was justified under s9 Employment Ordinance and no legal relief under sick‑leave protection was available.

Court Disposition

Application for leave to appeal refused

Orders

  • Leave to appeal refused