27 Sept 2004
PETER WARD v. HARTING (HK) LTD
- Citation
- PETER WARD v. HARTING (HK) LTD
- Court
- District Court
- Case number
- DCCJ2744/2004
On the facts the employee was based and performed his duties in Zhuhai and the contract required performance in Zhuhai; incidental connections with Hong Kong (weekend residence, some Hong Kong visits, partial payment routed via Hong Kong) did not make the contract one for performance in Hong Kong. Therefore the claim does not fall within the Labour Tribunal's exclusive jurisdiction under the Labour Tribunal Ordinance and the court retains jurisdiction; the defendant's summons to set aside the writ is dismissed.