SAMPAYAN, MARICEL AMIGO v. HO HANG SHEUNG

SAMPAYAN, MARICEL AMIGO v. HO HANG SHEUNG

The court upheld the adjudicating officer's factual findings as not wrong, found no question of law on the record, and concluded there were insufficient grounds to justify summary dismissal; therefore the appeal was dismissed and the Board's award was affirmed.

Source-derived case information.

Citation
SAMPAYAN, MARICEL AMIGO v. HO HANG SHEUNG
Parties
Respondent (claimant): Sampayan, Maricel Amigo; Appellant (defendant): Ho Hang Sheung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 September 1998
Case Number
HCME6/1998
Procedural Posture
Minor Employment Claims Appeal / Judgment on Appeal to Court of First Instance
Outcome
Appeal dismissed; adjudicating officer's award affirmed.
Legal Topics
Wrongful Dismissal, Summary Dismissal, Adjudication Board Procedure, Appeal on Question of Law
Source Language
en
Employment Law Administrative Law Civil Procedure Wrongful Dismissal Summary Dismissal Adjudication Board Procedure Appeal on Question of Law

Source-derived case record

Summary, issues, holding and outcome

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Parties

Sampayan, Maricel Amigo

Respondent (claimant)

Ho Hang Sheung

Appellant (defendant)

Procedural Posture

Minor Employment Claims Appeal / Judgment on Appeal to Court of First Instance

Legal Issues

  1. 1 Whether the employee was validly summarily dismissed for wilful disobedience/misconduct
  2. 2 Whether the adjudicating officer's factual findings were reviewable on appeal
  3. 3 Whether the appeal raised a question of law sufficient to justify intervention by the court

Ratio Decidendi

The court upheld the adjudicating officer's factual findings as not wrong, found no question of law on the record, and concluded there were insufficient grounds to justify summary dismissal; therefore the appeal was dismissed and the Board's award was affirmed.

Court Disposition

Appeal dismissed; adjudicating officer's award affirmed.

Orders

  • Appeal dismissed
  • Adjudicating officer's award of $4,160.00 affirmed