CHEUNG TIM FUK v. FAR EAST COTTON INDUSTRIES LTD.

CHEUNG TIM FUK v. FAR EAST COTTON INDUSTRIES LTD.

The High Court allowed the appeal and remitted the matter to the Labour Tribunal because the Presiding Officer's conclusion that the employer summarily dismissed the employee under s.9 was contrary to the evidence and the critical factual issue—whether the employee was dismissed or left voluntarily—required further investigation.

Citation
CHEUNG TIM FUK v. FAR EAST COTTON INDUSTRIES LTD.
Parties
Applicant/claimant: Cheung Tim Fuk; Respondent/defendant: Far East Cotton Industries Ltd
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 October 1995
Case Number
HCLA71/1995
Procedural Posture
Employment/labour Appeal From Labour Tribunal / Appeal Remitted for Retrial
Outcome
Appeal allowed and case remitted to the Labour Tribunal for retrial
Legal Topics
Summary Dismissal, Wages in Lieu of Notice, Annual Leave, End of Year Payment, Long Service Payment, Factual Findings, Remittal for Retrial
Source Language
EN
Employment Law Labour Law Evidence Summary Dismissal Wages in Lieu of Notice Annual Leave End of Year Payment Long Service Payment +2 more

Case Brief

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Parties

Cheung Tim Fuk

Applicant/claimant

Far East Cotton Industries Ltd

Respondent/defendant

Procedural Posture

Employment/labour Appeal From Labour Tribunal / Appeal Remitted for Retrial

Legal Issues

  1. 1 Whether the employee was dismissed or left of his own accord
  2. 2 Whether summary dismissal was justified under s.9 of the Employment Ordinance
  3. 3 Whether the Presiding Officer's factual conclusion was supported by the evidence

Ratio Decidendi

The High Court allowed the appeal and remitted the matter to the Labour Tribunal because the Presiding Officer's conclusion that the employer summarily dismissed the employee under s.9 was contrary to the evidence and the critical factual issue—whether the employee was dismissed or left voluntarily—required further investigation.

Court Disposition

Appeal allowed and case remitted to the Labour Tribunal for retrial

Orders

  • Appeal allowed
  • Case remitted to the Labour Tribunal for retrial