李靜 對 京衛保安有限公司

李靜 對 京衛保安有限公司

The application for leave to appeal to the Court of Final Appeal was refused because the proposed appeal concerns factual disputes in an employment contract case, does not raise any issue of wide public importance, has no real prospect of success, and is barred by Labour Tribunal Ordinance s32(3); the application...

Source-derived case information.

Citation
[2020] HKCA 1017
Parties
Applicant: LI JING JENNY (李靜); Defendant: KINGSWAY SECURITY LIMITED (京衛保安有限公司)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
11 December 2020
Case Number
CACV342/2020
Procedural Posture
Civil Appeal / Application for Leave to Appeal to Court of Final Appeal
Outcome
Application dismissed; leave to appeal to the Court of Final Appeal refused; motion notice struck out
Legal Topics
Leave to Appeal to Court of Final Appeal, Labour Tribunal Appeals, Finality of Decisions Under Labour Tribunal Ordinance, Abuse of Process
Source Language
ch
Employment Law Appellate Procedure Constitutional Law Leave to Appeal to Court of Final Appeal Labour Tribunal Appeals Finality of Decisions Under Labour Tribunal Ordinance Abuse of Process

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Parties

LI JING JENNY (李靜)

Applicant

KINGSWAY SECURITY LIMITED (京衛保安有限公司)

Defendant

Procedural Posture

Civil Appeal / Application for Leave to Appeal to Court of Final Appeal

Legal Issues

  1. 1 Whether the proposed appeal raises issues of wide public or public importance warranting leave to the Court of Final Appeal under s22(1)(b) CFAO
  2. 2 Whether section 32(3) of the Labour Tribunal Ordinance bars further appeal from the decision refusing leave
  3. 3 Whether the appellant's complaints are matters of law (as required) or merely disputes of fact

Ratio Decidendi

The application for leave to appeal to the Court of Final Appeal was refused because the proposed appeal concerns factual disputes in an employment contract case, does not raise any issue of wide public importance, has no real prospect of success, and is barred by Labour Tribunal Ordinance s32(3); the application therefore amounted to an abuse of process and was dismissed.

Court Disposition

Application dismissed; leave to appeal to the Court of Final Appeal refused; motion notice struck out

Orders

  • Dismissed the appellant's motion for leave to appeal to the Court of Final Appeal and refused permission to appeal
  • Struck out/cancelled the appellant's motion notice and/or appeal notice