Read the full judgment text of HCCT000007/1997 on BabelCite. This HIGH COURT judgment was delivered on 15 May 1997 before The Hon Mr Justice Findlay.
Arbitration — Employment termination — Appeal procedure under English Schools Foundation Ordinance — Jurisdiction of court over arbitration — Costs award — Leave to appeal. The appellant teacher’s employment was terminated by the Executive Committee of the English Schools Foundation, which led to an appeal heard by an Arbitration Board constituted under the Foundation’s regulations and Arbitration Ordinance. The Board allowed the appeal but made no order as to costs, concluding it had no power to do so. The court found that the proceedings constituted a valid arbitration under the Arbitration Ordinance, and the statutory appeal process did not exclude arbitration as a form of dispute resolution. The Board had jurisdiction to award costs, and its failure to do so was an error of law. Leave to appeal was granted despite a procedural defect, the appeal was allowed, and the award was varied to grant costs to the appellant including the costs of the appeal. The judgment clarifies the interaction between statutory appeal procedures and arbitration processes in employment disputes under the Foundation’s framework.
Legal issues: Jurisdiction to hear appeal under arbitration · Granting leave to appeal on costs · Appropriate order on appeal regarding costs
Outcome: Leave granted; appeal allowed; award varied to grant costs to Mr Bird; Mr Bird also awarded costs of this appeal.