CHEUNG WAN SHING v. KING WIN DYEING WORKS LTD.

CHEUNG WAN SHING v. KING WIN DYEING WORKS LTD.

The Presiding Officer did not err: he considered redundancy and found the employer's evidence untrustworthy; therefore the employer failed to rebut the s.31Q presumption that dismissal was by reason of redundancy, entitling the employee to severance payment; appeal dismissed.

Citation
CHEUNG WAN SHING v. KING WIN DYEING WORKS LTD.
Parties
Claimant/respondent: CHEUNG WAN SHING; Defendant/appellant: KING WIN DYEING WORKS LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 February 1995
Case Number
HCLA101/1994
Procedural Posture
Labour Tribunal Appeal / Judgment on Appeal to High Court
Outcome
Appeal dismissed with costs
Legal Topics
Redundancy, Severance Payment, Dismissal for Cause, Presumption of Redundancy, Burden of Proof, Tribunal Fact Finding
Source Language
EN
Employment Law Labour Law Statutory Interpretation Redundancy Severance Payment Dismissal for Cause Presumption of Redundancy Burden of Proof +1 more

Case Brief

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Parties

CHEUNG WAN SHING

Claimant/respondent

KING WIN DYEING WORKS LIMITED

Defendant/appellant

Procedural Posture

Labour Tribunal Appeal / Judgment on Appeal to High Court

Legal Issues

  1. 1 Whether the dismissal was by reason of redundancy within s.31B(2) of the Employment Ordinance
  2. 2 Whether the presumption of redundancy under s.31Q applies and how it may be rebutted
  3. 3 Whether termination in accordance with s.9 (summary dismissal) or payment in lieu affects the s.31Q presumption

Ratio Decidendi

The Presiding Officer did not err: he considered redundancy and found the employer's evidence untrustworthy; therefore the employer failed to rebut the s.31Q presumption that dismissal was by reason of redundancy, entitling the employee to severance payment; appeal dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Labour Tribunal award of $12,150 for severance payment affirmed