I am pleased to attend a trial involving a dispute involving alleged breach of employment contract and assisting our client in appearing in Court No. 2 of the Tung Chung Courts.
The case is about an alleged breach of employment agreement. The plaintiff alleged that our client is the employer but our client has all along stated that there is never a employment relationship between the parties because: (1) the alleged employment is subject to due diligence and all necessary work permit and visa issued by relevant authority; (2) the plaintiff has not passed the due diligence procedure conducted by our client before the employment relationship can be concluded; and (3) due to the plaintiff late and/or failed to provide his personal information, education and employment history etc., our client did not have enough information to apply for work permit and visa on behalf of the plaintiff therefore the plaintiff has no right to work in China in any case.
During the first court hearing, legal representative from each side will present their evidence and documents to other side and to the court. Thereafter the legal representatives from each side will discuss each evidence and documents to see if it is agreeable by both side in terms of accuracy, legality, relevancy or there is dispute by either side and the reason for the court to make a judgement.
During revision of documents and preparing for the court hearing, I noticed the differences between China and Hong Kong regarding labor disputes and noted that the Civil Code of China imposes high standards and requirements for the protection of China employees. The court has reviewed evidence and documents from our client on the content, method, person for contact of the due diligence conducted and reason for the failure of the due diligence. Although judgement is yet to be rendered at this date, we opine that the evidences are more favorable to our client than the plaintiff.
During the trial, court records were generated from audio recordings and confirmed by lawyers of both side and the court. This reduces administrative time and makes court proceedings efficient, clear and smooth. I have learned a lot from my colleagues, plaintiffs’ counsel and adjudicators and look forward to further opportunities to appear in other courts in the Great Bay Area.
Artemis Szeto, Partner
