21 Aug 2001
ESTINAH v. GOLDEN HAND INDONESIAN EMPLOYMENT AGENCY
- Citation
- ESTINAH v. GOLDEN HAND INDONESIAN EMPLOYMENT AGENCY
- Court
- Court of First Instance
- Case number
- HCSA6/2001
The court held the claimant had valid causes of action: restitution for economic duress, restitution because the parties were not in pari delicto, and a private cause of action for breach of statutory duty under section 57(a) and related Regulations. Although claims founded on economic duress and non‑pari delicto arise from failure to comply with the Employment Ordinance and thus fall within the Labour Tribunal's jurisdiction, the breach of statutory duty is a cause of action in tort excluded from the Labour Tribunal by paragraph 3 of its Schedule and therefore was properly heard in the Small…