10 Jan 2024
Leave to appeal was refused because the issues decided by the Tribunal — claimant's skill level, credibility, and the agency/employer status of the second defendant — were factual determinations within the Tribunal's province and did not raise questions of law or evidence of excess of jurisdiction; the advertisement was an invitation to treat and did not establish a fixed-term contract.
17 May 2004
Court found on the balance of probabilities that parties reached consensus ad idem by the March 22/23 telephone call such that an oral binding obligation to employ the plaintiff for two years (conditional on PwC consent) arose; however, because the Employment Ordinance s5(2) deems an oral fixed-term employment contract to be month-to-month in the absence of a written signed contract, the contract is deemed month-to-month for statutory purposes and damages are limited to one month's basic salary; the plaintiff failed to prove a separate enforceable promise to sign a written contract and so spe…