WONG SIU CHING v. LAI YAU YAN MICHAEL

WONG SIU CHING v. LAI YAU YAN MICHAEL

The Presiding Officer's refusal to re-open and re-hear the claim was within the scope of his discretionary powers and was not shown to be such that no reasonable tribunal could have made it; therefore the High Court will not interfere and the appeal is dismissed.

Citation
WONG SIU CHING v. LAI YAU YAN MICHAEL
Parties
Respondent/claimant: Wong Siu Ching; Applicant/defendant: Lai Yau Yan, Michael
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 January 1984
Case Number
HCLA47/1983
Procedural Posture
Labour Tribunal Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Severance Pay, Arrears of Wages, Review of Tribunal Decision, Presumption of Redundancy, Exercise of Discretion, Jurisdiction and Appealability
Source Language
EN
Employment Law Labour Law Administrative Law Civil Procedure Severance Pay Arrears of Wages Review of Tribunal Decision Presumption of Redundancy +2 more

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Parties

Wong Siu Ching

Respondent/claimant

Lai Yau Yan, Michael

Applicant/defendant

Procedural Posture

Labour Tribunal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Presiding Officer should have exercised his discretion under s.31 to re-open and re-hear the claim
  2. 2 Whether refusal to grant review was unreasonable such that an appellate court should intervene
  3. 3 Whether appellant was denied the opportunity to present evidence to rebut the presumption of redundancy

Ratio Decidendi

The Presiding Officer's refusal to re-open and re-hear the claim was within the scope of his discretionary powers and was not shown to be such that no reasonable tribunal could have made it; therefore the High Court will not interfere and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed