李玉鳳 對 添福餐飲食品發展有限公司

李玉鳳 對 添福餐飲食品發展有限公司

The judge concluded the arbitrator failed to address arguable legal questions—specifically whether an employer can terminate a fixed-term engagement by giving reasonable notice when no notice period is stipulated and whether notice given on the morning before work begins can be legally reasonable—and therefore...

Source-derived case information.

Citation
[2020] HKCFI 1922
Parties
Appellant: LEE YUK FUNG (李玉鳳); Respondent: TIMFOLD CATERING AND FOOD SERVICE LIMITED (添福餐飲食品發展有限公司)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 August 2020
Case Number
HCME1/2020
Procedural Posture
Appeal From Small Wages Claims Arbitration / Permission to Appeal Granted
Outcome
permission to appeal granted on questions of law
Legal Topics
Termination of Employment, Reasonable Notice, Jurisdiction of Small Claims/arbitration Tribunal
Source Language
ch
Employment Law Appellate Jurisdiction Civil Procedure Termination of Employment Reasonable Notice Jurisdiction of Small Claims/arbitration Tribunal

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Parties

LEE YUK FUNG (李玉鳳)

Appellant

TIMFOLD CATERING AND FOOD SERVICE LIMITED (添福餐飲食品發展有限公司)

Respondent

Procedural Posture

Appeal From Small Wages Claims Arbitration / Permission to Appeal Granted

  1. 1 Whether an employer may terminate a fixed-term employment by giving reasonable notice when no notice period is stipulated
  2. 2 What constitutes reasonable notice where termination is communicated the same morning before work starts
  3. 3 Whether the arbitrator erred on a question of law such that leave to appeal under s31 should be granted

Ratio Decidendi

The judge concluded the arbitrator failed to address arguable legal questions—specifically whether an employer can terminate a fixed-term engagement by giving reasonable notice when no notice period is stipulated and whether notice given on the morning before work begins can be legally reasonable—and therefore permission to appeal on those questions of law was warranted.

Court Disposition

permission to appeal granted on questions of law

Orders

  • Permission to appeal granted on the identified questions of law
  • Costs reserved