31 Oct 2024
LI QING v. SFUND INTERNATIONAL INVESTMENT FUND MANAGEMENT LTD
- Citation
- [2024] HKCFI 2629
- Court
- Court of First Instance
- Case number
- HCLA5/2024
The Presiding Officer erred in law by adopting an incorrect factual test (focusing on whether the Claimant performed work after 3 March 2022) and by failing to investigate the realistic possibility of termination by mutual agreement; accordingly the appeal is allowed, the Trial Decision and Review Decision are set aside and the claim is remitted to the Labour Tribunal for retrial before another Presiding Officer; costs of the appeal are awarded to the Defendant to be summarily assessed.