LOPEZ, MARITES E. v. SO, MUN YING TERESA

LOPEZ, MARITES E. v. SO, MUN YING TERESA

The High Court held that the Tribunal's credibility finding that the resignation was voluntary was unimpeached and that, even if some work on rest days occurred, the facts did not amount to constructive dismissal as a matter of law; accordingly the appeal was dismissed and remittal was unnecessary.

Source-derived case information.

Citation
LOPEZ, MARITES E. v. SO, MUN YING TERESA
Parties
Appellant: LOPEZ, MARITES E.; Respondent: SO, MUN YING TERESA
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 December 1995
Case Number
HCLA70/1995
Procedural Posture
Appeal From Labour Tribunal (employment Dispute) / High Court Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Constructive Dismissal, Resignation, Rest Days, Statutory Holidays, Credibility Findings
Source Language
en
Employment Law Labour Law Administrative Law Constructive Dismissal Resignation Rest Days Statutory Holidays Credibility Findings

Source-derived case record

Summary, issues, holding and outcome

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Parties

LOPEZ, MARITES E.

Appellant

SO, MUN YING TERESA

Respondent

Procedural Posture

Appeal From Labour Tribunal (employment Dispute) / High Court Appeal Judgment

Legal Issues

  1. 1 Whether the Presiding Officer ought to have considered the Applicant's alternative plea of constructive dismissal
  2. 2 Whether the resignation letter was signed voluntarily or under coercion
  3. 3 Whether denial of rest days and alleged work on rest days/statutory holiday constituted constructive dismissal

Ratio Decidendi

The High Court held that the Tribunal's credibility finding that the resignation was voluntary was unimpeached and that, even if some work on rest days occurred, the facts did not amount to constructive dismissal as a matter of law; accordingly the appeal was dismissed and remittal was unnecessary.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • No part of the case remitted to the learned Presiding Officer