薛卓峯 對 PCCW SERVICES LTD及另一人

薛卓峯 對 PCCW SERVICES LTD及另一人

The application for leave to appeal is dismissed because the matters raised were procedural or factual complaints that did not raise any arguable question of law or jurisdiction and the Labour Tribunal's factual findings that the Second Defendant had justifiable grounds for dismissal were neither perverse nor unsupported by evidence.

Citation
[2023] HKCFI 2215
Parties
Claimant/appellant: SIT CHEUK FUNG; First Defendant: PCCW SERVICES LIMITED; Second Defendant: PCCW DIGITAL SOLUTIONS LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 September 2023
Case Number
HCLA20/2023
Procedural Posture
Labour Tribunal Appeal (leave to Appeal Application) / Application for Leave to Appeal Under Section 32(1) Heard in the High Court
Outcome
Application for leave to appeal refused
Legal Topics
Wrongful Dismissal, Reinstatement, Leave to Appeal, Credibility of Witnesses, Jurisdictional Limits
Source Language
CH
Employment Law Civil Procedure Wrongful Dismissal Reinstatement Leave to Appeal Credibility of Witnesses Jurisdictional Limits

Case Brief

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Parties

SIT CHEUK FUNG

Claimant/appellant

PCCW SERVICES LIMITED

First Defendant

PCCW DIGITAL SOLUTIONS LIMITED

Second Defendant

Procedural Posture

Labour Tribunal Appeal (leave to Appeal Application) / Application for Leave to Appeal Under Section 32(1) Heard in the High Court

Legal Issues

  1. 1 Whether the First Defendant was the claimant's employer at the material time
  2. 2 Whether the Second Defendant had justifiable reason to dismiss the claimant for poor performance and conduct
  3. 3 Whether the applicant raised any arguable point of law or jurisdiction to justify leave to appeal under s32(1)

Ratio Decidendi

The application for leave to appeal is dismissed because the matters raised were procedural or factual complaints that did not raise any arguable question of law or jurisdiction and the Labour Tribunal's factual findings that the Second Defendant had justifiable grounds for dismissal were neither perverse nor unsupported by evidence.

Court Disposition

Application for leave to appeal refused

Orders

  • Application for leave to appeal dismissed
  • No order as to costs