31 May 1985
TO KIN WAH v. THE SHUI HING CO. LTD.
- Citation
- TO KIN WAH v. THE SHUI HING CO. LTD.
- Court
- Court of First Instance
- Case number
- HCLA9/1985
The presiding officers misapplied the burden of proof. Under the Employment Ordinance an employee must prove that he was dismissed and, because s31D(1)(a) excludes dismissals in accordance with section 9, must also establish he was not dismissed for cause; the matters are therefore to be reheard in the Labour Tribunal following the approach in GEC Telecommunications Ltd v McAllister.