17 Dec 2020
KOUK CHUNG FAI AND ANOTHER v. EBP GLOBAL LTD
- Citation
- [2020] HKCFI 3070
- Court
- Court of First Instance
- Case number
- HCLA1/2019
The appeal was dismissed: the presiding officer did not err in law or act irrationally in refusing to transfer the wage claims. The claimant's claims were within the Tribunal's exclusive jurisdiction, were not so complex or grave as to require transfer, and Employment Ordinance s32(1) precluded any equitable set-off based on the employer's counterclaim; the Tribunal's case management and decision to separate adjudication of wage claims (to continue in the Tribunal) from the employer's counterclaim (pursued in District Court) was lawful and not plainly wrong.