RUTH PREVENSLIK v. AMERICAN INTERNATIONAL SCHOOL [AIS] LTD.

RUTH PREVENSLIK v. AMERICAN INTERNATIONAL SCHOOL [AIS] LTD.

Leave to appeal against the Labour Tribunal's refusal to issue witness summonses is refused because neither the Labour Tribunal nor an appellate judge has jurisdiction to inquire into or compel evidence regarding prosecutorial decisions; the proper remedy for challenging a prosecution decision is judicial review, and courts cannot order ICAC or Ombudsman investigations.

Citation
RUTH PREVENSLIK v. AMERICAN INTERNATIONAL SCHOOL [AIS] LTD.
Parties
Claimant/appellant: RUTH PREVENSLIK; Defendant/respondent: AMERICAN INTERNATIONAL SCHOOL [AIS] LTD
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 December 1999
Case Number
HCLA95/1999
Procedural Posture
Labour Tribunal Appeal / Application for Leave to Appeal Against Interlocutory Order
Outcome
Leave to appeal refused.
Legal Topics
Wrongful Dismissal, Union Activities, Prosecution Decision, Witness Summons, Jurisdiction, ICAC, Ombudsman Investigation
Source Language
EN
Employment Law Administrative Law Judicial Review Labour Law Wrongful Dismissal Union Activities Prosecution Decision Witness Summons +3 more

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Parties

RUTH PREVENSLIK

Claimant/appellant

AMERICAN INTERNATIONAL SCHOOL [AIS] LTD

Defendant/respondent

Procedural Posture

Labour Tribunal Appeal / Application for Leave to Appeal Against Interlocutory Order

Legal Issues

  1. 1 Whether the Labour Tribunal has jurisdiction to issue witness summonses to prosecuting authorities or inquire into prosecution decisions
  2. 2 Whether an appellate judge hearing an appeal from the Labour Tribunal has jurisdiction to inquire into or review prosecution decisions
  3. 3 Whether conventional courts can order ICAC or Ombudsman investigations

Ratio Decidendi

Leave to appeal against the Labour Tribunal's refusal to issue witness summonses is refused because neither the Labour Tribunal nor an appellate judge has jurisdiction to inquire into or compel evidence regarding prosecutorial decisions; the proper remedy for challenging a prosecution decision is judicial review, and courts cannot order ICAC or Ombudsman investigations.

Court Disposition

Leave to appeal refused.

Orders

  • Leave to appeal against the Labour Tribunal interlocutory order is refused.
  • The court suggested that the Labour Tribunal re-list the trial allowing the Applicant at least one month to take steps towards an application for judicial review unless the Applicant indicates she will not seek judicial review.