Vizcarra, Brenda V v. Wong Wai Ping

HCME000009/1999

HCME 9/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MINOR EMPLOYMENT CLAIMS NO. HCME 9 OF 1999

(ON APPEAL FROM MB1455/1999)

____________

____________

Coram: Li DJ in Chambers

Date of Hearing: 21 January 2000

Date of Reasons for Decision: 24 January 2000

_________________________________

REASONS FOR DECISION

_________________________________

The applicant sought leave to appeal. The grounds stated by the applicant are : "(1) arrears of wages and (2) "wages in lieu of notice". I accept that the applicant being a lay person may be unable to dress up her grounds of appeal as points of law. But the applicant has to have some substance in her appeal. Here, the Reasons for Decision from the Minor Employment Claims Adjudication Board states that the Adjudication Officer found as a fact that the applicant terminated her employment. She refused to continue to work. It was also found as a fact that the applicant was given all the wages she wanted. The applicant alleged that the wages were then taken away by the sister of the employer. This was disbelieved and, even if it was true, the Adjudication Officer held that it would be a matter between the applicant and the sister, not an employment or contractual matter.

2.At the hearing for leave, the applicant was reminded that she should raise points of law. However, all she could manage was to repeat her assertions of facts and allege that the Adjudication Officer sided with the employer. In the premises, there is no question of law for an appellate court. Leave to appeal must be refused. I so ordered.

Representation:

Applicant in person