YUNG MEI CHUN JESSI v. MERRILL LYNCH (ASIA PACIFIC) LTD

YUNG MEI CHUN JESSI v. MERRILL LYNCH (ASIA PACIFIC) LTD

Leave to appeal is refused in respect of the substantive findings on wages for the restricted period and underpayment because the Tribunal's credibility and fact findings were supported by evidence and not perverse; the employer's express contractual discretion to enforce the restrictive covenant was properly exercised and not irrational; documentary or regulatory reports (OGC Report, PCR) were irrelevant to the two core contract claims. Most procedural and recusal complaints were abusive or without merit. Limited leave to appeal is granted solely on discrete issues concerning the assessment and proof of witness expenses and airfares (salary status of company witnesses, whether Victor Tan...

Citation
YUNG MEI CHUN JESSI v. MERRILL LYNCH (ASIA PACIFIC) LTD
Parties
Applicant (claimant): Yung Mei Chun Jessi; Respondent (defendant): Merrill Lynch (Asia Pacific) Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 January 2012
Case Number
HCLA22/2011
Procedural Posture
Labour Tribunal Appeal / Application for Leave to Appeal (leave to Appeal Hearing)
Outcome
Leave to appeal refused except limited leave granted on specified costs and witness expense issues
Legal Topics
Restrictive Covenant, Termination and Wages in Lieu, Exchange Rate / Salary Conversion, Discovery and Legal Professional Privilege, Recusal and Bias, Review Procedure, Costs Assessment and Recoverability of Witness Expenses and Airfares
Source Language
EN
Employment Law Contract Law Labour Tribunal Procedure Evidence Costs Restrictive Covenant Termination and Wages in Lieu Exchange Rate / Salary Conversion +4 more

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Parties

Yung Mei Chun Jessi

Applicant (claimant)

Merrill Lynch (Asia Pacific) Limited

Respondent (defendant)

Procedural Posture

Labour Tribunal Appeal / Application for Leave to Appeal (leave to Appeal Hearing)

Legal Issues

  1. 1 Whether employer lawfully exercised sole contractual discretion not to enforce restrictive covenant and thus whether employee entitled to wages for restricted period
  2. 2 Whether employee can claim underpayment of base salary due to exchange rate difference despite contract stating HKD amounts
  3. 3 Whether internal OGC report must be disclosed or is protected by legal professional privilege and whether it is relevant

Ratio Decidendi

Leave to appeal is refused in respect of the substantive findings on wages for the restricted period and underpayment because the Tribunal's credibility and fact findings were supported by evidence and not perverse; the employer's express contractual discretion to enforce the restrictive covenant was properly exercised and not irrational; documentary or regulatory reports (OGC Report, PCR) were irrelevant to the two core contract claims. Most procedural and recusal complaints were abusive or without merit. Limited leave to appeal is granted solely on discrete issues concerning the assessment and proof of witness expenses and airfares (salary status of company witnesses, whether Victor Tan...

Court Disposition

Leave to appeal refused except limited leave granted on specified costs and witness expense issues

Orders

  • Leave to appeal refused in respect of the proposed appeals against the 1st, 2nd, 3rd, 4th, 5th and 7th Orders except as limited below
  • Leave to appeal granted limited to the following issues: (A) proof of salary of company representatives; (B) whether and when Victor Tan left defendant's employment and whether defendant paid his witness expenses and how they should be computed; (C) whether the airfares were paid by Victor Tan/the defendant; (D)...