TSUI KOON WAH v. L&L CONSULTANCY SERVICES LTD

TSUI KOON WAH v. L&L CONSULTANCY SERVICES LTD

Leave to appeal refused because the applicant's grounds were factual disputes about credibility and findings of fact by the Deputy Presiding Officer and did not disclose any arguable error of law; the Deputy PO lawfully found sufficient and substantive reasons for dismissal based on conduct and properly applied legal principles regarding vaccine pass, garden leave, notice and redundancy.

Citation
[2023] HKCFI 3045
Parties
Claimant (applicant): Tsui Koon Wah; Defendant: L&L Consultancy Services Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 November 2023
Case Number
HCLA21/2023
Procedural Posture
Labour Tribunal Appeal (hcla 21/2023) / Application for Leave to Appeal Under S32 Labour Tribunal Ordinance
Outcome
Application for leave to appeal refused
Legal Topics
Constructive Dismissal, Severance Payment, Long Service Payment, Costs, Vaccine Pass, Garden Leave, Redundancy, Leave to Appeal, Procedural Fairness, Bias
Source Language
EN
Employment Law Labour Law Constructive Dismissal Severance Payment Long Service Payment Costs Vaccine Pass Garden Leave +4 more

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Parties

Tsui Koon Wah

Claimant (applicant)

L&L Consultancy Services Limited

Defendant

Procedural Posture

Labour Tribunal Appeal (hcla 21/2023) / Application for Leave to Appeal Under S32 Labour Tribunal Ordinance

Legal Issues

  1. 1 Whether there was a valid reason for dismissal under s32K Employment Ordinance
  2. 2 Whether the employer’s imposition of vaccine pass or garden leave amounted to constructive dismissal
  3. 3 Whether the one-month notice was valid

Ratio Decidendi

Leave to appeal refused because the applicant's grounds were factual disputes about credibility and findings of fact by the Deputy Presiding Officer and did not disclose any arguable error of law; the Deputy PO lawfully found sufficient and substantive reasons for dismissal based on conduct and properly applied legal principles regarding vaccine pass, garden leave, notice and redundancy.

Court Disposition

Application for leave to appeal refused

Orders

  • Application for leave to appeal refused
  • No order as to costs by this Court