LEUNG WAN JING AND OTHERS v. CHIAT SI PLASTIC METALWARE MANUFACTORY

LEUNG WAN JING AND OTHERS v. CHIAT SI PLASTIC METALWARE MANUFACTORY

Because alternative employment of the same fundamental kind and salary was available at Shamshuipo and the employer offered to pay bus fares, the move did not amount to dismissal by reason of redundancy under s.31B, so severance pay was not payable and the Labour Tribunal awards were reduced accordingly.

Citation
LEUNG WAN JING AND OTHERS v. CHIAT SI PLASTIC METALWARE MANUFACTORY
Parties
Claimant/respondent: Leung Wan Jing & 4 others; Defendant/appellant: Chiat Si Plastic Metalware Manufactory
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 June 1987
Case Number
HCLA17/1987
Procedural Posture
Labour Tribunal Appeal (employment Ordinance Severance Pay) / Hearing and Judgment on Appeal to High Court
Outcome
Appeal allowed in part; severance pay awards reduced.
Legal Topics
Redundancy, Severance Pay, Place of Employment, Long Service Payment, Dismissal
Source Language
EN
Employment Law Labour Law Redundancy Severance Pay Place of Employment Long Service Payment Dismissal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Leung Wan Jing & 4 others

Claimant/respondent

Chiat Si Plastic Metalware Manufactory

Defendant/appellant

Procedural Posture

Labour Tribunal Appeal (employment Ordinance Severance Pay) / Hearing and Judgment on Appeal to High Court

Legal Issues

  1. 1 Whether transfer of workplace from Tuen Mun to Shamshuipo within Hong Kong constitutes dismissal by reason of redundancy under s.31B of the Employment Ordinance
  2. 2 Whether offering alternative employment at Shamshuipo with bus fare payment negates entitlement to severance pay
  3. 3 Whether the fourth claimant was "dismissed" for purposes of claiming long service payment

Ratio Decidendi

Because alternative employment of the same fundamental kind and salary was available at Shamshuipo and the employer offered to pay bus fares, the move did not amount to dismissal by reason of redundancy under s.31B, so severance pay was not payable and the Labour Tribunal awards were reduced accordingly.

Court Disposition

Appeal allowed in part; severance pay awards reduced.

Orders

  • Appeal allowed.
  • Severance pay awards set aside and revised amounts payable to claimants determined as: C1 $852, C2 $936, C3 $936, C4 $1,539.30, C5 $744.