25 Aug 2016
HUI KING FAI v. THE HONG KONG COUNCIL OF SOCIAL SERVICE
- Citation
- HUI KING FAI v. THE HONG KONG COUNCIL OF SOCIAL SERVICE
- Court
- Court of First Instance
- Case number
- HCLA9/2016
The High Court found material misdirections and/or non-directions by the Labour Tribunal on mixed questions of fact and law (including failure to properly assess whether the employer proved a valid reason under s32K and whether there was a causal contravention of s72B(1)); those errors occasioned substantial wrong or miscarriage. The appropriate remedy was to allow the appeal, set aside the Tribunal award, and remit the claim to the Labour Tribunal for rehearing before another presiding officer, leaving the legal framework that an employer must prove a valid reason under s32K where s32A and s…