Zhu Xiao Biao v. Tsi International Group Asia Ltd

HCLA 29/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

LABOUR TRIBUNAL APPEAL NO. 29 OF 2014

(ON APPEAL FROM LABOUR TRIBUNAL

CLAIM NO. 2711 OF 2014)

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BETWEEN

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D E C I S I O N

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1.The claimant did not appear at the hearing to prosecute his application for leave to appeal against an award by the Labour Tribunal (“Tribunal”) made on 4 November 2014 (“Award”)[1].

2.I regret to say that there is no merit in this application.  The Award was based upon a consensual full and final settlement reached between the claimant and the defendant. 

3.It is plain that the claimant regrets having settled his claim in the way he did.  However, no reason has been advanced as to why the settlement can be reopened. 

4.The only ground put forward in this application concerns the jurisdiction of the Tribunal.  It is suggested that the Tribunal should not have made the Award in light of the expression of doubt by the Presiding Officer in respect of the Tribunal’s jurisdiction over the claimant’s case.  This complaint is misconceived.  Even if the Tribunal had no jurisdiction over the claim, it would not hinder the consensual settlement of the same by the parties.

5.In the premises, this application must be dismissed. 

The claimant was not represented and did not appear