16 Dec 2021
DOCK BRIAN v. PACIFIC GOURMET HOLDINGS LTD
- Citation
- [2021] HKCFI 3780
- Court
- Court of First Instance
- Case number
- HCLA14/2021
Leave to appeal was granted because it was strongly arguable that the Labour Tribunal retains jurisdiction to hear monetary claims under Parts VA and VIA of the Employment Ordinance even where the claimant has signed a document said to settle claims; the proper effect of that document is a defence issue for the Tribunal to determine in adjudicating entitlement, and the PO erred in treating the existence of the document as automatically ousting the Tribunal's jurisdiction and requiring the claimant to seek a higher court order to set it aside; the adjournment sine die was also problematic.