RUIZ, EVELYN ANDRES v. WONG MEI LING, MINI

HCME 4/2008

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MINOR EMPLOYMENT CLAIMS

APPEAL NO. 4 OF 2008

(ON APPEAL FROM MINOR EMPLOYMENT CLAIMS

ADJUDICATION BOARD CLAIM NO. 245/2008(C))

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D E C I S I O N

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1.  The applicant was the claimant in Minor Employment Claims No. MB 245/2008(C).

2.  She feels aggrieved by the decision of the Minor Employment Claims Adjudication Board (“the Board”) and applies to this Court for leave to appeal on a question of law (s. 31(1), Minor Employment Claims Adjudication Board Ordinance (Cap. 453)).

3.  On 11 March 2008, the Board dismissed the applicant’s claims against her former-employer and, on 3 June 2008, it confirmed its decision upon the applicant’s application for review.

4.  The applicant’s case before the Board was that she was paid a monthly salary below that provided for in the employment contract ($2,500 compared to $3,480).  Further, $1,500 was deducted from her salary every month to pay for employment agency fee (which was payable by the applicant), leaving her with an income of $1,000 per month.

5.  She also alleged that she was wrongfully dismissed.

6.  The employer denied the allegation of under-payment.  The employer also claimed that the applicant had stolen her two finger-rings and the applicant resigned after having confessed to the misdeed.

7.  The dispute which the Board was required to resolve was therefore factual in nature and depended almost entirely on the Board’s assessment of the parties’ respective credibility.

8.  The Board has approached the dispute in a proper manner.  There was valid basis for the Board to accept the testimony of the employer and reject that of the applicant.

9.  In these circumstances, no proper question of law is involved in the proposed appeal.

10.  This application is accordingly refused.