MALLORCA JOENALYN DOMINGO v. NG MEI SHUEN

MALLORCA JOENALYN DOMINGO v. NG MEI SHUEN

The Presiding Officer's conclusion that the Hurting Allegation constituted serious misconduct justifying summary dismissal was not supported by the evidence and involved misunderstanding and perverse inferences; the Tribunal also erred in dismissing the Settlement Agreement/Reference Letter as amounting to no waiver without adequate findings; the Tribunal failed to determine the separate claim for breach of trust and confidence. The appeal is allowed and the matter is remitted to the Labour Tribunal for retrial before another presiding officer with costs in the cause of the retrial.

Citation
[2020] HKCFI 2766
Parties
Claimant (appellant): Mallorca Joenalyn Domingo; Defendant (respondent): Ng Mei Shuen
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 November 2020
Case Number
HCLA17/2019
Procedural Posture
Labour Tribunal Appeal (employment) / Court of First Instance Judgment on Appeal Remitting Matter for Retrial
Outcome
Appeal allowed in part and remitted to Labour Tribunal for retrial before another presiding officer
Legal Topics
Wrongful Dismissal, Summary Dismissal, Waiver, Breach of Mutual Trust and Confidence, Credibility Assessment, Retrial, Labour Tribunal Procedure
Source Language
EN
Employment Law Administrative Law Evidence Law Contract Law Wrongful Dismissal Summary Dismissal Waiver Breach of Mutual Trust and Confidence +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 8 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Mallorca Joenalyn Domingo

Claimant (appellant)

Ng Mei Shuen

Defendant (respondent)

Procedural Posture

Labour Tribunal Appeal (employment) / Court of First Instance Judgment on Appeal Remitting Matter for Retrial

Legal Issues

  1. 1 Whether the Hurting Allegation was proved on the balance of probabilities and justified summary dismissal
  2. 2 Whether the Settlement Agreement/Letter of Reference signed in presence of police amounted to an unequivocal waiver of right to summarily dismiss
  3. 3 Whether the Presiding Officer committed errors of law in fact‑finding and credibility assessment amounting to perverse or irrational findings

Ratio Decidendi

The Presiding Officer's conclusion that the Hurting Allegation constituted serious misconduct justifying summary dismissal was not supported by the evidence and involved misunderstanding and perverse inferences; the Tribunal also erred in dismissing the Settlement Agreement/Reference Letter as amounting to no waiver without adequate findings; the Tribunal failed to determine the separate claim for breach of trust and confidence. The appeal is allowed and the matter is remitted to the Labour Tribunal for retrial before another presiding officer with costs in the cause of the retrial.

Court Disposition

Appeal allowed in part and remitted to Labour Tribunal for retrial before another presiding officer

Orders

  • Appeal allowed
  • Remit matter to Labour Tribunal for retrial before another presiding officer