DAQUIZ, DARWIN BATINGAL v. WAI WONG DICK WHO

DAQUIZ, DARWIN BATINGAL v. WAI WONG DICK WHO

Leave to appeal was refused because the Adjudication Officer's factual findings that the claimant was absent without authorization and was justifiably summarily dismissed were accepted; on those facts clause 11 permitted termination without notice and no arguable point of law was shown.

Citation
DAQUIZ, DARWIN BATINGAL v. WAI WONG DICK WHO
Parties
Claimant (appellant): Darwin Batingal Daquiz; Defendant (respondent): Wai Wong Dick Who
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 March 2000
Case Number
HCME2/2000
Procedural Posture
Appeal From Minor Employment Claims Tribunal / Application for Leave to Appeal (refused)
Outcome
Application for leave to appeal dismissed
Legal Topics
Summary Dismissal, Wages in Lieu of Notice, Annual Leave Pay, Leave to Appeal, Credibility Findings
Source Language
EN
Employment Law Contract Law Immigration Law Summary Dismissal Wages in Lieu of Notice Annual Leave Pay Leave to Appeal Credibility Findings

Case Brief

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Parties

Darwin Batingal Daquiz

Claimant (appellant)

Wai Wong Dick Who

Defendant (respondent)

Procedural Posture

Appeal From Minor Employment Claims Tribunal / Application for Leave to Appeal (refused)

Legal Issues

  1. 1 Whether the Adjudication Officer erred in law in failing to apply clauses 10, 11 and 12 of the employment contract
  2. 2 Whether the claimant was entitled to wages in lieu of notice and accrued annual leave pay
  3. 3 Whether the claimant established an arguable point of law to obtain leave to appeal

Ratio Decidendi

Leave to appeal was refused because the Adjudication Officer's factual findings that the claimant was absent without authorization and was justifiably summarily dismissed were accepted; on those facts clause 11 permitted termination without notice and no arguable point of law was shown.

Court Disposition

Application for leave to appeal dismissed

Orders

  • Application for leave to appeal dismissed