NG WAI YU AND OTHERS v. CHONG HOU YUE FORMERLY T/A EVER RICH KNITTING FACTORY

NG WAI YU AND OTHERS v. CHONG HOU YUE FORMERLY T/A EVER RICH KNITTING FACTORY

The Presiding Officer's factual findings were supported by the evidence; the claimants were sent home and kept without work beyond lawful lay-off limits, constituting a fundamental breach amounting to constructive dismissal; C1 met statutory criteria for severance pay; there was no failure to consider defence...

Source-derived case information.

Citation
NG WAI YU AND OTHERS v. CHONG HOU YUE FORMERLY T/A EVER RICH KNITTING FACTORY
Parties
Appellant: Appellant; 1st Respondent: NG Wai-yu; 2nd Respondent: YIP Oi-kam; 3rd Respondent: YIP Yuk-sum; 4th Respondent: WONG Pou-chu; 5th Respondent: SUEN Yee-fan; 6th Respondent: TAM Hang-kiu
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 August 1990
Case Number
HCLA58/1989
Procedural Posture
Appeal From Labour Tribunal (employment Law) / Appeal Heard; Judgment Delivered by High Court
Outcome
Appeal dismissed
Legal Topics
Constructive Dismissal, Lay Off, Severance Pay, Wages in Lieu of Notice, Maternity Leave
Source Language
en
Employment Law Labour Law Contract Law Constructive Dismissal Lay Off Severance Pay Wages in Lieu of Notice Maternity Leave

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Parties

Appellant

Appellant

NG Wai-yu

1st Respondent

YIP Oi-kam

2nd Respondent

YIP Yuk-sum

3rd Respondent

WONG Pou-chu

4th Respondent

SUEN Yee-fan

5th Respondent

TAM Hang-kiu

6th Respondent

Procedural Posture

Appeal From Labour Tribunal (employment Law) / Appeal Heard; Judgment Delivered by High Court

Legal Issues

  1. 1 Whether the Presiding Officer correctly found constructive dismissal by lay-off
  2. 2 Whether severance pay awarded to the 1st claimant (C1) was properly awarded
  3. 3 Whether the Presiding Officer failed to consider or investigate defence evidence

Ratio Decidendi

The Presiding Officer's factual findings were supported by the evidence; the claimants were sent home and kept without work beyond lawful lay-off limits, constituting a fundamental breach amounting to constructive dismissal; C1 met statutory criteria for severance pay; there was no failure to consider defence evidence or maternity evidence that would vitiate the findings; appeal dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Wages in lieu of notice awarded to the claimants upheld