KONG SHEUNG WAH v. WEI BUN TRADING CO. LTD.

KONG SHEUNG WAH v. WEI BUN TRADING CO. LTD.

The written employment contract required satisfactory completion of a transaction before commission became payable; the respondent failed to prove the Combine Capital transaction was completed and the notice on the company noticeboard did not form part of the contract, therefore the labour tribunal's awards for commission and related bonuses were incorrect and the appeal is allowed.

Citation
KONG SHEUNG WAH v. WEI BUN TRADING CO. LTD.
Parties
Claimant (respondent): KONG SHEUNG WAH; Defendant (applicant): WEI BUN TRADING CO. LTD.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 June 1989
Case Number
HCLA36/1988
Procedural Posture
Appeal to High Court From Labour Tribunal / Judgment Delivered on Appeal
Outcome
Appeal allowed; decision of Labour Tribunal set aside
Legal Topics
Commission Entitlement, Contract Interpretation, Bonuses, Burden of Proof, Incorporation of Workplace Notices
Source Language
EN
Employment Law Contract Law Labour Law Commission Entitlement Contract Interpretation Bonuses Burden of Proof Incorporation of Workplace Notices

Case Brief

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Parties

KONG SHEUNG WAH

Claimant (respondent)

WEI BUN TRADING CO. LTD.

Defendant (applicant)

Procedural Posture

Appeal to High Court From Labour Tribunal / Judgment Delivered on Appeal

Legal Issues

  1. 1 Whether employee entitled to commission where underlying sale/transaction was not satisfactorily completed
  2. 2 Whether a notice on the company noticeboard formed part of the employment contract or varied its terms
  3. 3 Which party bears the burden of proof as to completion of the transaction

Ratio Decidendi

The written employment contract required satisfactory completion of a transaction before commission became payable; the respondent failed to prove the Combine Capital transaction was completed and the notice on the company noticeboard did not form part of the contract, therefore the labour tribunal's awards for commission and related bonuses were incorrect and the appeal is allowed.

Court Disposition

Appeal allowed; decision of Labour Tribunal set aside

Orders

  • Appeal allowed
  • Labour Tribunal awards for commission, year-end bonus and extra bonus set aside