Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Jurisdictional allocation between small claims tribunal and labour tribunal

Legal area

Court

7 Dec 2016

CHINA TECHNOLOGY CORPORATION LTD v. RANA NETRA KUMARI

Citation

CHINA TECHNOLOGY CORPORATION LTD v. RANA NETRA KUMARI
Court

Court of First Instance
Case number

HCSA37/2016

Leave to appeal was refused because the impugned findings were matters of fact, not questions of law or jurisdiction; the Deputy Adjudicator's credibility and factual findings were not perverse or irrational and the claim was properly characterized as money had and received within the Small Claims Tribunal's jurisdiction rather than the Labour Tribunal's.
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…