PRIMNE, CRISTINA LLANDELAR v. WONG KA CHUN

PRIMNE, CRISTINA LLANDELAR v. WONG KA CHUN

Leave to appeal was refused because the Board made permissible factual findings about the accommodation and alternatives which did not involve an error of law; therefore no question of law alone arose under section 31(1) Cap 453 and the Court had no basis to grant leave.

Citation
PRIMNE, CRISTINA LLANDELAR v. WONG KA CHUN
Parties
Claimant: PRIMNE, CRISTINA LLANDELAR; Defendant: WONG KA CHUN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 August 2016
Case Number
HCME2/2016
Procedural Posture
Minor Employment Claims Appeal / Application for Leave to Appeal Under Section 31(1) Cap 453
Outcome
Application for leave to appeal refused.
Legal Topics
Constructive Dismissal, Wages in Lieu of Notice, Leave to Appeal, Accommodation for Domestic Worker
Source Language
EN
Employment Law Appellate Procedure Contract Law Constructive Dismissal Wages in Lieu of Notice Leave to Appeal Accommodation for Domestic Worker

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Parties

PRIMNE, CRISTINA LLANDELAR

Claimant

WONG KA CHUN

Defendant

Procedural Posture

Minor Employment Claims Appeal / Application for Leave to Appeal Under Section 31(1) Cap 453

Legal Issues

  1. 1 Whether the employer's provision of a makeshift balcony room amounted to constructive dismissal
  2. 2 Whether the Board's findings raised a question of law alone under section 31(1) Cap 453
  3. 3 Whether the Court should grant leave to appeal from the Board's factual findings

Ratio Decidendi

Leave to appeal was refused because the Board made permissible factual findings about the accommodation and alternatives which did not involve an error of law; therefore no question of law alone arose under section 31(1) Cap 453 and the Court had no basis to grant leave.

Court Disposition

Application for leave to appeal refused.

Orders

  • Leave to appeal refused.