Hong Kong Case Law

29 Jun 1990

FIRST FIT CO. LTD. v. LAM YAU AND ANOTHER

Citation

FIRST FIT CO. LTD. v. LAM YAU AND ANOTHER

Court

Court of First Instance

Case number

HCLA4/1990

The presiding officer misdirected himself by adopting an adversarial approach and failing to perform the statutory inquisitorial duties required by the Labour Tribunal Ordinance (including actively testing evidence and explaining relevant statutory provisions); that procedural failing was material and justified setting aside the award and remitting the case for a de novo hearing by another presiding officer.

• Joint and several liability of subcontractors
• Inquisitorial duty of tribunal presiding officer
• Evidence and testing witness credibility
• Remittal for procedural unfairness
• Statutory notice under employment ordinance