WONG TAK CHEUNG AND OTHERS v. STAR FAIR ELECTRONICS COMPANY LIMITED

WONG TAK CHEUNG AND OTHERS v. STAR FAIR ELECTRONICS COMPANY LIMITED

Court upheld the Labour Tribunal: factual findings that management acquiesced in employees attending consultations meant there was no strike or wilful refusal to work, continuity was not broken, the dismissals were attributable to redundancy and the presumption under s.31Q was not rebutted; accordingly wages for the...

Source-derived case information.

Citation
WONG TAK CHEUNG AND OTHERS v. STAR FAIR ELECTRONICS COMPANY LIMITED
Parties
Respondents/claimants: WONG Tak-cheung & 67 others; Appellant/defendant: Star Fair Electronics Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 May 1985
Case Number
HCLA36/1984
Procedural Posture
Labour Tribunal Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Redundancy, Severance Payment, Wages, Strike, Summary Dismissal, Continuity of Employment
Source Language
en
Employment Law Labour Law Contract Law Redundancy Severance Payment Wages Strike Summary Dismissal +1 more

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Parties

WONG Tak-cheung & 67 others

Respondents/claimants

Star Fair Electronics Company Limited

Appellant/defendant

Procedural Posture

Labour Tribunal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether wages were payable for periods during which employees did not perform productive work
  2. 2 Whether employees' conduct amounted to a strike or a wilful withdrawal of labour breaking continuity
  3. 3 Whether employer was entitled to summarily dismiss without notice under s.9 and s.31C of the Employment Ordinance

Ratio Decidendi

Court upheld the Labour Tribunal: factual findings that management acquiesced in employees attending consultations meant there was no strike or wilful refusal to work, continuity was not broken, the dismissals were attributable to redundancy and the presumption under s.31Q was not rebutted; accordingly wages for the disputed period and severance payments awarded by the Tribunal were upheld and the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Labour Tribunal award of $264,142.90 upheld
  • Costs to respondents to be paid by appellant subject to submissions