24 Apr 2018
李德強 v. 大家樂集團有限公司
- Citation
- [2018] HKCFI 889
- Court
- Court of First Instance
- Case number
- HCLA44/2017
The Court held that the Labour Tribunal had jurisdiction because the Claimant's claim could properly be treated as alleging breach of an implied term of the Employment Contract (the anti-avoidance implied term); accordingly leave to appeal was granted on multiple arguable points of law (Grounds 2–6, 8 limited and 9) for full ventilation at appeal. The trial judge's findings that dismissal was unreasonable and relevant to motive were properly linked to the contractual breach issue and did not render the Tribunal without jurisdiction.