WONG YUEN KWONG v. THE HONG KONG & CHINA GAS CO LTD

WONG YUEN KWONG v. THE HONG KONG & CHINA GAS CO LTD

The employee was engaged specifically as a semi-shift fitter; the employer's unilateral removal of shift duties amounted to dismissal from that particular position and therefore redundancy under s31B, entitling the employee to severance pay; the Tribunal's factual findings were not displaced on appeal.

Citation
WONG YUEN KWONG v. THE HONG KONG & CHINA GAS CO LTD
Parties
Claimant/respondent: WONG YUEN KWONG; Defendant/applicant: THE HONG KONG & CHINA GAS CO., LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 May 1987
Case Number
HCLA105/1986
Procedural Posture
Labour Tribunal Appeal No. 105/86 / Judgment of High Court on Appeal From Labour Tribunal
Outcome
Appeal dismissed
Legal Topics
Redundancy, Severance Pay, Constructive Dismissal, Shift Allowance, Contract Interpretation
Source Language
EN
Employment Law Labour Law Contract Law Redundancy Severance Pay Constructive Dismissal Shift Allowance Contract Interpretation

Case Brief

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Parties

WONG YUEN KWONG

Claimant/respondent

THE HONG KONG & CHINA GAS CO., LIMITED

Defendant/applicant

Procedural Posture

Labour Tribunal Appeal No. 105/86 / Judgment of High Court on Appeal From Labour Tribunal

Legal Issues

  1. 1 Whether transfer from semi-shift to non-shift duties constituted redundancy under s31B of the Employment Ordinance
  2. 2 Whether the claimant was employed specifically as a semi-shift fitter entitled to shift allowance
  3. 3 Admissibility of evidence of pre-contractual statements and factual background in construing the contract

Ratio Decidendi

The employee was engaged specifically as a semi-shift fitter; the employer's unilateral removal of shift duties amounted to dismissal from that particular position and therefore redundancy under s31B, entitling the employee to severance pay; the Tribunal's factual findings were not displaced on appeal.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Awarded wages in lieu of notice: 3203 HKD