RALF BORCHERT v. DRMYO LTD AND ANOTHER

RALF BORCHERT v. DRMYO LTD AND ANOTHER

Employment claims for arrears of salary and for damages for constructive dismissal are within the exclusive jurisdiction of the Labour Tribunal under the Labour Tribunal Ordinance and are not actionable in the High Court; Order 12 rule 8 does not permit the High Court to retain jurisdiction over such claims; the...

Source-derived case information.

Citation
RALF BORCHERT v. DRMYO LTD AND ANOTHER
Parties
Plaintiff: Ralf Borchert; 1st Defendant: DRMYO LIMITED; 2nd Defendant: Chin Yon Wei (also known as Waverly Chin)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 October 2009
Case Number
HCA2234/2007
Procedural Posture
Employment/contract Dispute / Interlocutory Decision (summons to Amend and Summons to Strike Out)
Outcome
Employment claims for arrears and constructive dismissal struck out as against the 2nd defendant; misrepresentation claim and proposed collateral contract claim allowed to proceed; summons to amend allowed; interlocutory costs awarded as stated below.
Legal Topics
Misrepresentation, Constructive Dismissal, Jurisdiction, Amendment, Strike Out, Collateral Contract, Costs
Source Language
en
Labour Law Contract Law Tort (misrepresentation) Civil Procedure Misrepresentation Constructive Dismissal Jurisdiction Amendment +3 more

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Parties

Ralf Borchert

Plaintiff

DRMYO LIMITED

1st Defendant

Chin Yon Wei (also known as Waverly Chin)

2nd Defendant

Procedural Posture

Employment/contract Dispute / Interlocutory Decision (summons to Amend and Summons to Strike Out)

Legal Issues

  1. 1 Whether employment claims for arrears and constructive dismissal fall within the exclusive jurisdiction of the Labour Tribunal
  2. 2 Whether Order 12 rule 8 can be invoked to preserve court jurisdiction where statute confers exclusive tribunal jurisdiction
  3. 3 Whether alleged statements of intention can amount to actionable misrepresentation

Ratio Decidendi

Employment claims for arrears of salary and for damages for constructive dismissal are within the exclusive jurisdiction of the Labour Tribunal under the Labour Tribunal Ordinance and are not actionable in the High Court; Order 12 rule 8 does not permit the High Court to retain jurisdiction over such claims; the misrepresentation claim is not a matter for strike out because statements of intention can, in proper circumstances, ground misrepresentation and the Labour Tribunal lacks jurisdiction over tort claims of this nature; amendments to add misrepresentation and collateral contract claims are permitted.

Court Disposition

Employment claims for arrears and constructive dismissal struck out as against the 2nd defendant; misrepresentation claim and proposed collateral contract claim allowed to proceed; summons to amend allowed; interlocutory costs awarded as stated below.

Orders

  • Strike out employment claims for arrears of salary and constructive dismissal as against the 2nd defendant
  • Summons to amend allowed; amendments adding misrepresentation and breach of collateral contract claims permitted