LAM LUNG SING v. YANG\'S TAXI CO LTD

LAM LUNG SING v. YANG\'S TAXI CO LTD

Leave to appeal was refused because the Presiding Officer's finding that the employer's act was a request and not a dismissal was supported by the evidence and there was no arguable point of law or jurisdiction to justify appeal.

Citation
LAM LUNG SING v. YANG\'S TAXI CO LTD
Parties
Claimant/applicant: LAM LUNG SING; Defendant/respondent: YANG'S TAYI COMPANY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 May 1984
Case Number
HCLA7/1984
Procedural Posture
Labour Tribunal Appeal / Application for Leave to Appeal
Outcome
Application for leave to appeal refused
Legal Topics
Wrongful Dismissal, Wages in Lieu of Notice, Shift Change, Appeal on Point of Law, Jurisdiction
Source Language
EN
Employment Law Labour Tribunal Procedure Contract Law Wrongful Dismissal Wages in Lieu of Notice Shift Change Appeal on Point of Law Jurisdiction

Case Brief

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Parties

LAM LUNG SING

Claimant/applicant

YANG'S TAYI COMPANY LIMITED

Defendant/respondent

Procedural Posture

Labour Tribunal Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether employer's request to change the employee from day to night shift amounted to dismissal/repudiation of the employment contract
  2. 2 Whether the Presiding Officer's factual finding was wholly unsupported by the evidence so as to justify leave to appeal on a point of law
  3. 3 Whether the High Court should substitute its view of the evidence for that of the Tribunal

Ratio Decidendi

Leave to appeal was refused because the Presiding Officer's finding that the employer's act was a request and not a dismissal was supported by the evidence and there was no arguable point of law or jurisdiction to justify appeal.

Court Disposition

Application for leave to appeal refused

Orders

  • Leave to appeal refused
  • Earlier automatic 42-day legal aid stay lifted with applicant's consent