WONG YUK LING v. EAST EAST FOOD PRODUCTS LTD AND ANOTHER

WONG YUK LING v. EAST EAST FOOD PRODUCTS LTD AND ANOTHER

The Labour Tribunal's factual findings that transfers were not for any genuine operational need and were used to force the Claimants to quit meant clause 4 did not authorize the transfers; that unjustified transfers constituted a serious repudiatory breach amounting to constructive dismissal; the concession on end of year pay by the Defendants and the Employee Handbook provisions established entitlement; accordingly the appeal was dismissed and the Tribunal awards and costs were upheld.

Citation
WONG YUK LING v. EAST EAST FOOD PRODUCTS LTD AND ANOTHER
Parties
Claimant: 1st Claimant; Claimant: 2nd Claimant; Claimant: 3rd Claimant; Defendant: 1st Defendant; Defendant: 2nd Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 August 2003
Case Number
HCLA95/2002
Procedural Posture
Labour Tribunal Appeal (employment Dispute) / Judgment on Appeal to Court of First Instance
Outcome
Appeal dismissed
Legal Topics
Constructive Dismissal, Redundancy, Mobility Clause, Transfer of Workplace, End of Year Pay, Severance Pay, Wages in Lieu, Annual Leave
Source Language
EN
Employment Law Labour Law Contract Law Constructive Dismissal Redundancy Mobility Clause Transfer of Workplace End of Year Pay +3 more

Case Brief

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Parties

1st Claimant

Claimant

2nd Claimant

Claimant

3rd Claimant

Claimant

1st Defendant

Defendant

2nd Defendant

Defendant

Procedural Posture

Labour Tribunal Appeal (employment Dispute) / Judgment on Appeal to Court of First Instance

Legal Issues

  1. 1 Whether transfers from one branch to another were lawful under an express mobility clause
  2. 2 Whether the employer's insistence on transfer amounted to repudiatory breach and constructive dismissal
  3. 3 Whether end of year pay was discretionary or payable

Ratio Decidendi

The Labour Tribunal's factual findings that transfers were not for any genuine operational need and were used to force the Claimants to quit meant clause 4 did not authorize the transfers; that unjustified transfers constituted a serious repudiatory breach amounting to constructive dismissal; the concession on end of year pay by the Defendants and the Employee Handbook provisions established entitlement; accordingly the appeal was dismissed and the Tribunal awards and costs were upheld.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The Defendants shall pay the Claimants costs of the appeal in the agreed sum of $10,000.00.