FONG YEE DUNG v. SWIRE PROPERTIES MANAGEMENT LIMITED

FONG YEE DUNG v. SWIRE PROPERTIES MANAGEMENT LIMITED

The appeal is dismissed because the appellant failed to prove a reasonable medical excuse for refusing a lawful and reasonable instruction; the presiding officer’s adverse credibility findings and factual conclusions were supported by the evidence and not shown to be erroneous, and there was no basis to order a re‑hearing or admit fresh evidence.

Citation
FONG YEE DUNG v. SWIRE PROPERTIES MANAGEMENT LIMITED
Parties
Appellant/claimant: FONG YEE DUNG; Respondent/defendant: SWIRE PROPERTIES MANAGEMENT LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 November 1995
Case Number
HCLA96/1995
Procedural Posture
Labour Tribunal Appeal / Appeal Judgment (decision on Appeal)
Outcome
Appeal dismissed
Legal Topics
Wrongful Dismissal, Wages in Lieu of Notice, Annual Bonus, Long Service Payment, Medical Evidence, Burden of Proof, Reasonable and Lawful Orders, Credibility of Witnesses, Standard of Appellate Review
Source Language
EN
Employment/labour Law Administrative Law (appeal) Evidence Law Wrongful Dismissal Wages in Lieu of Notice Annual Bonus Long Service Payment Medical Evidence +4 more

Case Brief

Summary, issues, holding and outcome

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Parties

FONG YEE DUNG

Appellant/claimant

SWIRE PROPERTIES MANAGEMENT LIMITED

Respondent/defendant

Procedural Posture

Labour Tribunal Appeal / Appeal Judgment (decision on Appeal)

Legal Issues

  1. 1 Whether the appellant had a reasonable excuse (medical incapacity) to refuse a lawful and reasonable instruction to perform building patrol
  2. 2 Whether the learned presiding officer failed to consider the evidence adequately such that his factual findings were wrong
  3. 3 Whether the appeal court should order a re-hearing or remit the matter in light of alleged fresh or unconsidered evidence

Ratio Decidendi

The appeal is dismissed because the appellant failed to prove a reasonable medical excuse for refusing a lawful and reasonable instruction; the presiding officer’s adverse credibility findings and factual conclusions were supported by the evidence and not shown to be erroneous, and there was no basis to order a re‑hearing or admit fresh evidence.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • No re‑hearing awarded