SIU WAN PING v. MASTER LINK DEVELOPMENT LTD. t/a VIKING RESTAURANT (TAI PO)

SIU WAN PING v. MASTER LINK DEVELOPMENT LTD. t/a VIKING RESTAURANT (TAI PO)

The Tribunal's finding that the employer paid 7 days wages in lieu of notice under Section 7 meant the payment qualified as wages for the purposes of the Employment Ordinance and thus the claimant was entitled to long service pay under Section 31R; the High Court dismissed the appeal and confirmed the Tribunal's orders.

Citation
SIU WAN PING v. MASTER LINK DEVELOPMENT LTD. t/a VIKING RESTAURANT (TAI PO)
Parties
Claimant/respondent: SIU WAN-PING; Defendant/applicant: MASTER LINK DEVELOPMENT LIMITED trading as VIKING RESTAURANT (TAI PO)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 October 1996
Case Number
HCLA60/1996
Procedural Posture
Appeal From Labour Tribunal (employment Matter) / Judgment on Appeal (high Court)
Outcome
Appeal dismissed; Orders of the Labour Tribunal confirmed.
Legal Topics
Long Service Pay, Wages in Lieu of Notice, Interpretation of Employment Ordinance Sections
Source Language
EN
Employment Law Labour Law Long Service Pay Wages in Lieu of Notice Interpretation of Employment Ordinance Sections

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Parties

SIU WAN-PING

Claimant/respondent

MASTER LINK DEVELOPMENT LIMITED trading as VIKING RESTAURANT (TAI PO)

Defendant/applicant

Procedural Posture

Appeal From Labour Tribunal (employment Matter) / Judgment on Appeal (high Court)

Legal Issues

  1. 1 Whether the payment made by the employer constituted wages in lieu of notice under Section 7 of the Employment Ordinance and thereby gave rise to entitlement to long service pay under Section 31R

Ratio Decidendi

The Tribunal's finding that the employer paid 7 days wages in lieu of notice under Section 7 meant the payment qualified as wages for the purposes of the Employment Ordinance and thus the claimant was entitled to long service pay under Section 31R; the High Court dismissed the appeal and confirmed the Tribunal's orders.

Court Disposition

Appeal dismissed; Orders of the Labour Tribunal confirmed.

Orders

  • Appeal dismissed.
  • Orders of the Labour Tribunal confirmed.