TSANG MING AND OTHERS v. HONG NIN SECURITY CO. LTD.

TSANG MING AND OTHERS v. HONG NIN SECURITY CO. LTD.

The presiding officer's factual findings were insufficient to support a conclusion of constructive dismissal; encouragement to join a successor and assistance in recruitment, without clearer findings showing the employer intended the contract to be at an end or left employees with no option but to resign, did not establish repudiation; accordingly the appellate court allowed the appeal, set aside the awards for wages in lieu and double pay and remitted the matter for proper factual findings and rehearing.

Citation
TSANG MING AND OTHERS v. HONG NIN SECURITY CO. LTD.
Parties
Claimants/respondents: Tsang Ming & 67 others; Defendant/appellant: Hong Nin Security Co., Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 March 1992
Case Number
HCLA40/1991
Procedural Posture
Labour Tribunal Appeal / Appeal Heard in Supreme Court/high Court; Judgment Allowing Appeal and Remitting to Tribunal for Rehearing
Outcome
Appeal allowed; awards for wages in lieu of notice and double pay set aside; matter remitted to presiding officer for rehearing and proper factual findings
Legal Topics
Constructive Dismissal, Redundancy, Severance Pay, Wages in Lieu of Notice, Double Pay, Findings of Fact, Remittal
Source Language
EN
Employment Law Labour Law Contract Law Constructive Dismissal Redundancy Severance Pay Wages in Lieu of Notice Double Pay +2 more

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Parties

Tsang Ming & 67 others

Claimants/respondents

Hong Nin Security Co., Limited

Defendant/appellant

Procedural Posture

Labour Tribunal Appeal / Appeal Heard in Supreme Court/high Court; Judgment Allowing Appeal and Remitting to Tribunal for Rehearing

Legal Issues

  1. 1 Whether the presiding officer lawfully found constructive dismissal
  2. 2 Whether employer conduct (encouragement to join successor and assistance in recruitment) amounted to repudiation
  3. 3 Whether claimants had impliedly resigned by signing resignation letters or taking up alternative employment

Ratio Decidendi

The presiding officer's factual findings were insufficient to support a conclusion of constructive dismissal; encouragement to join a successor and assistance in recruitment, without clearer findings showing the employer intended the contract to be at an end or left employees with no option but to resign, did not establish repudiation; accordingly the appellate court allowed the appeal, set aside the awards for wages in lieu and double pay and remitted the matter for proper factual findings and rehearing.

Court Disposition

Appeal allowed; awards for wages in lieu of notice and double pay set aside; matter remitted to presiding officer for rehearing and proper factual findings

Orders

  • Allow appeal and set aside awards for wages in lieu of notice and double pay made by the Tribunal
  • Remit matter to the presiding officer to reopen the hearing and make clear findings of fact as to the exact circumstances and timing of each claimant's departure and then determine entitlement