NG CHIU BUT v. GLOBE DYEING FACTORY LTD.

NG CHIU BUT v. GLOBE DYEING FACTORY LTD.

The 27 January 1988 notice operated to terminate employment for those who did not transfer; Part VB contains no statutory reasonableness test comparable to Part VA so refusal to transfer does not bar entitlement to Long Service Payments unless re-engagement took effect immediately; there was no implied contractual right requiring employees to relocate to Ping Shan; accordingly the Tribunal's grant of Long Service Payments to affected employees was correct and the employer's appeal is dismissed.

Citation
NG CHIU BUT v. GLOBE DYEING FACTORY LTD.
Parties
Claimants/respondents: NG Chi-leung & 20 others; Claimant/respondent: NG Chiu-but; Defendant/applicant: Globe Dyeing Factory Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 September 1988
Case Number
HCLA11/1988
Procedural Posture
Labour Tribunal Appeal / Judgment on Appeal (supreme Court)
Outcome
Appeal dismissed
Legal Topics
Long Service Payments (part Vb), Dismissal Under Employment Ordinance S31 T, Severance Pay (part Va), Implied Terms as to Place of Work, Burden of Proof
Source Language
EN
Employment Law Labour Law Statutory Interpretation Long Service Payments (part Vb) Dismissal Under Employment Ordinance S31 T Severance Pay (part Va) Implied Terms as to Place of Work Burden of Proof

Case Brief

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Parties

NG Chi-leung & 20 others

Claimants/respondents

NG Chiu-but

Claimant/respondent

Globe Dyeing Factory Limited

Defendant/applicant

Procedural Posture

Labour Tribunal Appeal / Judgment on Appeal (supreme Court)

Legal Issues

  1. 1 Whether termination on 27 January 1988 amounted to dismissal by employer under s31T(1)(a) Employment Ordinance Cap.57
  2. 2 Whether employees bore the burden of proof to establish dismissal for Long Service Payments
  3. 3 Whether an implied contractual term permitted employer to require relocation from Tsuen Wan to Ping Shan

Ratio Decidendi

The 27 January 1988 notice operated to terminate employment for those who did not transfer; Part VB contains no statutory reasonableness test comparable to Part VA so refusal to transfer does not bar entitlement to Long Service Payments unless re-engagement took effect immediately; there was no implied contractual right requiring employees to relocate to Ping Shan; accordingly the Tribunal's grant of Long Service Payments to affected employees was correct and the employer's appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs to the Employees to be taxed in accordance with Legal Aid Regulations