HERAWATI v. TAY EDWARD

HERAWATI v. TAY EDWARD

The appeal was dismissed because the High Court found the Presiding Officer properly assessed the evidence and credibility, the bank withdrawal references were marginal and not relied upon as primary proof of payment, and no error of law was demonstrated that would justify overturning the Tribunal's findings of fact.

Citation
HERAWATI v. TAY EDWARD
Parties
Respondent/claimant: Herawati; Appellant/defendant: Tay Edward
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 February 2002
Case Number
HCLA70/2001
Procedural Posture
Labour Tribunal Appeal (high Court of the Hong Kong Sar, Court of First Instance) / Appeal Hearing and Judgment (28 February 2002)
Outcome
Appeal dismissed
Legal Topics
Underpayment, Constructive Dismissal, Wages in Lieu of Notice, Evidence and Credibility, Leave to Appeal
Source Language
EN
Employment Law Labour Law Contract Law Underpayment Constructive Dismissal Wages in Lieu of Notice Evidence and Credibility Leave to Appeal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Herawati

Respondent/claimant

Tay Edward

Appellant/defendant

Procedural Posture

Labour Tribunal Appeal (high Court of the Hong Kong Sar, Court of First Instance) / Appeal Hearing and Judgment (28 February 2002)

Legal Issues

  1. 1 Whether the Presiding Officer's factual findings were supported by evidence
  2. 2 Whether the Presiding Officer failed to investigate payments/transfers of HK$2,200 to the Claimant
  3. 3 Whether there was any error of law permitting appellate interference

Ratio Decidendi

The appeal was dismissed because the High Court found the Presiding Officer properly assessed the evidence and credibility, the bank withdrawal references were marginal and not relied upon as primary proof of payment, and no error of law was demonstrated that would justify overturning the Tribunal's findings of fact.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed