IP MING WAH TRADING AS WAH NGAN CO. v. LAI TO HEI AND OTHERS

IP MING WAH TRADING AS WAH NGAN CO. v. LAI TO HEI AND OTHERS

The presiding officer did not fail in his duty to investigate or to direct parties to call witnesses; his factual finding that termination occurred on 23 February 1999 was open on the evidence and not reviewable on appeal; accordingly the appeal is dismissed and costs awarded to the claimants.

Citation
IP MING WAH TRADING AS WAH NGAN CO. v. LAI TO HEI AND OTHERS
Parties
Appellant/defendant: Ip Ming Wah trading as Wah Ngan Company; 1st Respondent/1st Claimant: Lai To Hei; 2nd Respondent/2nd Claimant: Cheng So Chai; 3rd Respondent/3rd Claimant: Ng Chi Kwong; 4th Respondent/4th Claimant: Ng Kan Tat; 5th Respondent/5th Claimant: Cheng Shi Hei; 6th Respondent/6th Claimant: Lai Fo Hei; 7th Respondent/7th Claimant: Cheung Yau Chai; 8th Respondent/8th Claimant: Lee Lo; 9th Respondent/9th Claimant: Leung Wah Po; 10th Respondent/10th Claimant: Ko Wah Fai; 11th Respondent/11th Claimant: Ko Chi Wah; 12th Respondent/12th Claimant: Yeung Kee; 13th Respondent/13th Claimant: Yeung Hoi Pak; 14th Respondent/14th Claimant: Choi Wing Sing; 15th Respondent/15th Claimant: Leung Tai Hay; 16th Respondent/16th Claimant: To Fo Shing; 17th Respondent/17th Claimant: Cheng Hon Man; 18th Respondent/18th Claimant: Chan Peter
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 August 2000
Case Number
HCLA5/2000
Procedural Posture
Labour Tribunal Appeal to Court of First Instance / Hearing and Judgment on Appeal (court of First Instance)
Outcome
Appeal dismissed with costs to the claimants
Legal Topics
Wrongful Termination, Notice Pay, Holiday Pay, Annual Leave Pay, Tribunal Fact Finding, Inquisitorial Vs Adversarial Procedure, Costs
Source Language
EN
Employment Law Civil Procedure Wrongful Termination Notice Pay Holiday Pay Annual Leave Pay Tribunal Fact Finding Inquisitorial Vs Adversarial Procedure +1 more

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Parties

Ip Ming Wah trading as Wah Ngan Company

Appellant/defendant

Lai To Hei

1st Respondent/1st Claimant

Cheng So Chai

2nd Respondent/2nd Claimant

Ng Chi Kwong

3rd Respondent/3rd Claimant

Ng Kan Tat

4th Respondent/4th Claimant

Cheng Shi Hei

5th Respondent/5th Claimant

Lai Fo Hei

6th Respondent/6th Claimant

Cheung Yau Chai

7th Respondent/7th Claimant

Lee Lo

8th Respondent/8th Claimant

Leung Wah Po

9th Respondent/9th Claimant

Ko Wah Fai

10th Respondent/10th Claimant

Ko Chi Wah

11th Respondent/11th Claimant

Yeung Kee

12th Respondent/12th Claimant

Yeung Hoi Pak

13th Respondent/13th Claimant

Choi Wing Sing

14th Respondent/14th Claimant

Leung Tai Hay

15th Respondent/15th Claimant

To Fo Shing

16th Respondent/16th Claimant

Cheng Hon Man

17th Respondent/17th Claimant

Chan Peter

18th Respondent/18th Claimant

Procedural Posture

Labour Tribunal Appeal to Court of First Instance / Hearing and Judgment on Appeal (court of First Instance)

Legal Issues

  1. 1 Whether the presiding officer erred by adopting an adversarial approach instead of an inquisitorial one
  2. 2 Whether termination was communicated on 23 February 1999 or on 3 February 1999
  3. 3 Whether claimants were entitled to wages in lieu of notice, holiday pay and annual leave pay

Ratio Decidendi

The presiding officer did not fail in his duty to investigate or to direct parties to call witnesses; his factual finding that termination occurred on 23 February 1999 was open on the evidence and not reviewable on appeal; accordingly the appeal is dismissed and costs awarded to the claimants.

Court Disposition

Appeal dismissed with costs to the claimants

Orders

  • Appeal dismissed
  • Costs to the claimants; each claimant awarded HKD 600 for one day in court, to be paid by the Appellant