CHIK WAI KIN MICHAEL v. BEST SKY LTD

CHIK WAI KIN MICHAEL v. BEST SKY LTD

The Labour Tribunal can determine the dispute in full because the tenancy and rental payments are part of the claimant's remuneration and thus within the Tribunal's jurisdiction; therefore the refusal to transfer the claim to the District Court is lawful and the appeal is dismissed.

Citation
CHIK WAI KIN MICHAEL v. BEST SKY LTD
Parties
Claimant/respondent: Michael Chik; Defendant/appellant: Best Sky Limited; Related Party (landlord/company): Bright Road Company Limited; Employer Representative/agent: Ms Julie Lo
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 May 2008
Case Number
HCLA48/2007
Procedural Posture
Application to Transfer Labour Tribunal Claim to District Court; Appeal Against Refusal to Transfer / Appeal to Court of First Instance (high Court) From Labour Tribunal Decision
Outcome
Appeal dismissed; decision of Labour Tribunal refusing transfer upheld.
Legal Topics
Transfer of Proceedings, Jurisdiction of Labour Tribunal, Employment Remuneration, Stay of Proceedings
Source Language
EN
Labour Law Civil Procedure Employment Law Jurisdictional Law Transfer of Proceedings Jurisdiction of Labour Tribunal Employment Remuneration Stay of Proceedings

Case Brief

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Parties

Michael Chik

Claimant/respondent

Best Sky Limited

Defendant/appellant

Bright Road Company Limited

Related Party (landlord/company)

Ms Julie Lo

Employer Representative/agent

Procedural Posture

Application to Transfer Labour Tribunal Claim to District Court; Appeal Against Refusal to Transfer / Appeal to Court of First Instance (high Court) From Labour Tribunal Decision

Legal Issues

  1. 1 Whether the Labour Tribunal claim should be transferred to the District Court
  2. 2 Whether rental payments and tenancy agreement that form part of remuneration fall within Labour Tribunal jurisdiction
  3. 3 Whether the District Court action is superfluous and should be stayed

Ratio Decidendi

The Labour Tribunal can determine the dispute in full because the tenancy and rental payments are part of the claimant's remuneration and thus within the Tribunal's jurisdiction; therefore the refusal to transfer the claim to the District Court is lawful and the appeal is dismissed.

Court Disposition

Appeal dismissed; decision of Labour Tribunal refusing transfer upheld.

Orders

  • Appeal dismissed
  • Labour Tribunal to dispose of the labour dispute in full