11 May 2004
HO LAN FONG v. LAM GOOK t/a LAM TAI HING RESTAURANT
- Citation
- HO LAN FONG v. LAM GOOK t/a LAM TAI HING RESTAURANT
- Court
- Court of First Instance
- Case number
- HCLA130/2003
A sole proprietorship is not included within 'unincorporated company' for s23(1)(d) and thus a sole proprietor has no statutory right to appoint an officer or servant to represent him; however the Labour Tribunal, as a court of record, possesses inherent jurisdiction and, under s46, statutory procedural power to allow a lay representative in its discretion; the Presiding Officer erred by failing to recognise and exercise that discretion, rendering the proceedings unlawful and necessitating setting aside the award and ordering a retrial.