TAM WAI SUN v. TSUEN WAN HO CHOI SEAFOOD RESTAURANT O/B CHARMWIN INVESTMENT LTD.

TAM WAI SUN v. TSUEN WAN HO CHOI SEAFOOD RESTAURANT O/B CHARMWIN INVESTMENT LTD.

Leave to appeal was granted solely on a single question of law, framed as whether the Tribunal correctly construed the employment contract and whether the Tribunal's award complied with the law on statutory holiday pay and rest days; grounds attacking factual findings or assessment of evidence did not warrant leave.

Citation
TAM WAI SUN v. TSUEN WAN HO CHOI SEAFOOD RESTAURANT O/B CHARMWIN INVESTMENT LTD.
Parties
Claimant/respondent: TAM WAI SUN; Defendant/appellant: TSUEN WAN HO CHOI SEAFOOD RESTAURANT O/B CHARMWIN INVESTMENT LTD
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 January 2000
Case Number
HCLA97/1999
Procedural Posture
Labour Tribunal Appeal to Court of First Instance / Application for Leave to Appeal (decision on Leave Granted Limited to a Question of Law)
Outcome
Leave to appeal granted on a limited question of law; all other grounds dismissed as not raising proper questions for leave.
Legal Topics
Statutory Holiday Pay, Rest Days, Employment Contract Construction, Leave to Appeal, Tribunal Fact Finding Vs Law
Source Language
EN
Employment Law Labour Law Contract Law Appeal Procedure Statutory Holiday Pay Rest Days Employment Contract Construction Leave to Appeal +1 more

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Parties

TAM WAI SUN

Claimant/respondent

TSUEN WAN HO CHOI SEAFOOD RESTAURANT O/B CHARMWIN INVESTMENT LTD

Defendant/appellant

Procedural Posture

Labour Tribunal Appeal to Court of First Instance / Application for Leave to Appeal (decision on Leave Granted Limited to a Question of Law)

Legal Issues

  1. 1 Whether the Labour Tribunal correctly construed clauses of the employment contract purporting to consolidate rest days and statutory holidays
  2. 2 Whether the Tribunal's award is consistent with the law on statutory holiday pay and rest days (Employment Ordinance s.39(2))
  3. 3 Whether alleged failures to inquire/hear/determine amount to jurisdictional error

Ratio Decidendi

Leave to appeal was granted solely on a single question of law, framed as whether the Tribunal correctly construed the employment contract and whether the Tribunal's award complied with the law on statutory holiday pay and rest days; grounds attacking factual findings or assessment of evidence did not warrant leave.

Court Disposition

Leave to appeal granted on a limited question of law; all other grounds dismissed as not raising proper questions for leave.

Orders

  • Leave to appeal granted on the question whether the Tribunal correctly construed the employment contract and whether the award is consistent with the law on statutory holiday pay and rest days.
  • The appeal may proceed to be heard on that limited question of law.