WAN WAH SUM v. TAI HING COTTON MILL LTD.

WAN WAH SUM v. TAI HING COTTON MILL LTD.

Leave to appeal was refused because the Presiding Officer's factual findings — that the claimant did not aim or throw the hammer at Chow, had no intention to cause bodily harm and that there was insufficient evidence of a fight — were supported by the evidence and not open to challenge on this leave application; accordingly the defendant failed to prove justification for summary dismissal and the award (including additional wages for termination during sick leave) stood.

Citation
WAN WAH SUM v. TAI HING COTTON MILL LTD.
Parties
Claimant (respondent): bjbj; Defendant (appellant): TAI HING COTTON MILL LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 February 2000
Case Number
HCLA1/2000
Procedural Posture
Application for Leave to Appeal From Labour Tribunal Award / Leave to Appeal Application in High Court (decision on Leave)
Outcome
Application for leave to appeal dismissed
Legal Topics
Summary Dismissal, Wrongful Dismissal, Sick Leave, Wages in Lieu of Notice, Burden of Proof, Repudiation
Source Language
EN
Employment Law Labour Tribunal Procedure Contract Law Summary Dismissal Wrongful Dismissal Sick Leave Wages in Lieu of Notice Burden of Proof +1 more

Case Brief

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Parties

bjbj

Claimant (respondent)

TAI HING COTTON MILL LIMITED

Defendant (appellant)

Procedural Posture

Application for Leave to Appeal From Labour Tribunal Award / Leave to Appeal Application in High Court (decision on Leave)

Legal Issues

  1. 1 Whether findings of fact of the Labour Tribunal could be challenged on appeal
  2. 2 Whether the employer was justified in summarily dismissing the employee under clause 8(a) for fighting
  3. 3 Proper allocation of burden of proof in wrongful dismissal claims

Ratio Decidendi

Leave to appeal was refused because the Presiding Officer's factual findings — that the claimant did not aim or throw the hammer at Chow, had no intention to cause bodily harm and that there was insufficient evidence of a fight — were supported by the evidence and not open to challenge on this leave application; accordingly the defendant failed to prove justification for summary dismissal and the award (including additional wages for termination during sick leave) stood.

Court Disposition

Application for leave to appeal dismissed

Orders

  • Application for leave to appeal dismissed