LEUNG KIN CHI v. CHAN PUI MAN t/a CHAN WAN KEE

LEUNG KIN CHI v. CHAN PUI MAN t/a CHAN WAN KEE

Paragraph 5 of the First Schedule to the Employment Ordinance treats the transferee as continuing the employee's period of employment without breaking continuity, so when the claimant's employment was later terminated the transferee (defendant) was liable to pay termination entitlements calculated including...

Source-derived case information.

Citation
LEUNG KIN CHI v. CHAN PUI MAN t/a CHAN WAN KEE
Parties
Claimant (respondent): LEUNG KIN CHI; Defendant (appellant): CHAN PUI MAN trading as CHAN WAN KEE
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 June 2006
Case Number
HCLA1/2006
Procedural Posture
Labour Tribunal Appeal to High Court (court of First Instance) / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Transfer of Business, Severance Pay, Statutory Holiday Pay, Annual Leave Pay, Employment Ordinance Interpretation, Transfer of Businesses (protection of Creditors) Ordinance
Source Language
en
Employment Law Labour Law Civil Procedure Transfer of Business Severance Pay Statutory Holiday Pay Annual Leave Pay Employment Ordinance Interpretation +1 more

Source-derived case record

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 5 Authorities cited 4 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

LEUNG KIN CHI

Claimant (respondent)

CHAN PUI MAN trading as CHAN WAN KEE

Defendant (appellant)

Procedural Posture

Labour Tribunal Appeal to High Court (court of First Instance) / Judgment on Appeal

Legal Issues

  1. 1 Whether a transferee employer is liable for employment termination entitlements that accrued during employment with the transferor
  2. 2 Effect and scope of Paragraph 5 of the First Schedule to the Employment Ordinance on continuity and liability for benefits
  3. 3 Whether s.31L of the Employment Ordinance (deemed dismissal on death) applies

Ratio Decidendi

Paragraph 5 of the First Schedule to the Employment Ordinance treats the transferee as continuing the employee's period of employment without breaking continuity, so when the claimant's employment was later terminated the transferee (defendant) was liable to pay termination entitlements calculated including pre‑transfer service; s.31L did not apply because the business had been transferred and the Confirmation Letter was procured to avoid liability and thus could not absolve the defendant.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • No order as to costs