TSANG MEI SHEUNG MEIZ v. RICHFIELD REALTY LTD

TSANG MEI SHEUNG MEIZ v. RICHFIELD REALTY LTD

Leave to appeal was granted because it was arguable that the Presiding Officer erred in law or failed to give proper regard to the Relevant Statutory Provisions regarding deduction of commissions from statutory entitlements, and it was arguable that the Presiding Officer failed to investigate claimant conduct concerning the Replacement Arrangement such that a fair determination could not be achieved; consequently leave to appeal should be permitted to ventilate these legal issues at full hearing.

Citation
TSANG MEI SHEUNG MEIZ v. RICHFIELD REALTY LTD
Parties
Claimant (respondent): Mak Wai Man (麥偉文); Claimant (respondent): Tsang Mei Sheung Meiz (曾美嫦); Claimant (respondent): Mo Kwok Kei (巫國基); Claimant (respondent): Fung Pui Wah Sally (馮佩華); Defendant (appellant): Richfield Realty Limited (田生地產有限公司)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 October 2015
Case Number
HCLA29/2015
Procedural Posture
Labour Tribunal Appeal to Court of First Instance / Leave to Appeal Application
Outcome
Leave to appeal granted
Legal Topics
Holiday Pay, Annual Leave Pay, Sickness Allowance, Wages Calculation, Commissions, Labour Tribunal Leave to Appeal, Consent and Estoppel
Source Language
EN
Employment Law Statutory Interpretation Administrative/procedural Law Holiday Pay Annual Leave Pay Sickness Allowance Wages Calculation Commissions +2 more

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Parties

Mak Wai Man (麥偉文)

Claimant (respondent)

Tsang Mei Sheung Meiz (曾美嫦)

Claimant (respondent)

Mo Kwok Kei (巫國基)

Claimant (respondent)

Fung Pui Wah Sally (馮佩華)

Claimant (respondent)

Richfield Realty Limited (田生地產有限公司)

Defendant (appellant)

Procedural Posture

Labour Tribunal Appeal to Court of First Instance / Leave to Appeal Application

Legal Issues

  1. 1 Whether commissions paid to employees can be used to reduce statutory entitlements under sections 35(4), 41(6) and 41C(6) of the Employment Ordinance
  2. 2 Whether the employer could unilaterally treat deducted Chinese New Year holidays as "free holidays" and implement a replacement arrangement without employee consent
  3. 3 Whether the Presiding Officer erred in law or failed to consider relevant factors/legislative intent in calculating Daily Average Wage and application of Relevant Statutory Provisions

Ratio Decidendi

Leave to appeal was granted because it was arguable that the Presiding Officer erred in law or failed to give proper regard to the Relevant Statutory Provisions regarding deduction of commissions from statutory entitlements, and it was arguable that the Presiding Officer failed to investigate claimant conduct concerning the Replacement Arrangement such that a fair determination could not be achieved; consequently leave to appeal should be permitted to ventilate these legal issues at full hearing.

Court Disposition

Leave to appeal granted

Orders

  • Leave to appeal granted
  • Costs in the cause of the appeal