Lengler Werner v. Hong Kong Express Airways Ltd

HCLA 29/2018

[2019] HKCFI 420

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

LABOUR TRIBUNAL APPEAL NO 29 OF 2018

(ON APPEAL FROM LABOUR TRIBUNAL

CLAIM NO 376 OF 2018)

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DECISION

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1.This is the application by Hong Kong Express Airways Limited (the “applicant”) for leave to appeal against the decision made by the Deputy Presiding Officer dated 27 November 2018. The application is made pursuant to section 32 of the Labour Tribunal Ordinance, Cap 25.

2.This morning, the applicant is represented by Mr Lawrence Cheung.  An application is before me for amendment of the proposed grounds of appeal originally filed by the applicant in person.  I have considered the new proposed grounds.  The application is made early at this stage.  I agree that they seek principally to rephrase the original grounds but in a more focused way.  I grant leave for the applicant to do so. 

3.The new proposed grounds primarily complain that the learnedDeputy Presiding Officer has erred in law in the construction and application of section 11 of the Employment Ordinance, and, connected and related to that, erred in finding that the applicant has committed repudiatory breaches of the employment agreement.  I have considered Mr Cheung’s submissions (both written and oral).  I have considered the authorities which he has cited to me.  In my view, the new proposed grounds are arguable.

4.Having so found, I grant the applicant leave to appeal.  The applicant is directed to submit the draft order (with the grounds of appeal and any direction for further conduct of the appeal) for my consideration and approval.

5.I reserve costs.

Mr Lawrence Cheung, instructed by Hoosenally & Neo, for the defendant (applicant)