LAM HAU YEE AND OTHERS v. GLORIA WEAVING AND KNI

LAM HAU YEE AND OTHERS v. GLORIA WEAVING AND KNI

The appellate court upheld the factual findings of the Presiding Officer that the employer's conduct (unlawful lay-offs and materially reduced pay) amounted to constructive dismissal; the fire did not frustrate or discharge the contracts so as to bar claims; resumption of work was under protest and union advice and did not amount to affirmation or waiver; accordingly the Claimants were entitled to damages and severance under the Employment Ordinance and the appeal was dismissed.

Citation
LAM HAU YEE AND OTHERS v. GLORIA WEAVING AND KNI
Parties
1st Claimant (respondent): LAM HAU YEE; 2nd Claimant (respondent): POON WAI FONG; 3rd Claimant (respondent): LEE CHEUNG YAM; 4th Claimant (respondent): TSE CHOI YING; 5th Claimant (respondent): CHUNG NGAN; 6th Claimant (respondent): WONG CHOW YAU; Defendant (appellant): GLORIA WEAVING AND KNITTING FACTORY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 October 1992
Case Number
HCLA35/1991
Procedural Posture
Labour Tribunal Appeal to High Court / Appeal Heard and Judgment Delivered (appeal Dismissed)
Outcome
Appeal dismissed in its entirety with costs
Legal Topics
Constructive Dismissal, Frustration of Contract, Severance Payment, Lay Off and Short Time, Affirmation/waiver/estoppel, Interpretation of Employment Ordinance S.31 L/31 B/31 E
Source Language
EN
Labour / Employment Law Contract Law Statutory Interpretation Equity (estoppel/waiver) Constructive Dismissal Frustration of Contract Severance Payment Lay Off and Short Time +2 more

Case Brief

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Parties

LAM HAU YEE

1st Claimant (respondent)

POON WAI FONG

2nd Claimant (respondent)

LEE CHEUNG YAM

3rd Claimant (respondent)

TSE CHOI YING

4th Claimant (respondent)

CHUNG NGAN

5th Claimant (respondent)

WONG CHOW YAU

6th Claimant (respondent)

GLORIA WEAVING AND KNITTING FACTORY LIMITED

Defendant (appellant)

Procedural Posture

Labour Tribunal Appeal to High Court / Appeal Heard and Judgment Delivered (appeal Dismissed)

Legal Issues

  1. 1 Whether employer's conduct and lay-offs amounted to constructive dismissal
  2. 2 Whether the factory fire frustrated and discharged employment contracts
  3. 3 Whether resumption of work constituted affirmation or waiver of rights

Ratio Decidendi

The appellate court upheld the factual findings of the Presiding Officer that the employer's conduct (unlawful lay-offs and materially reduced pay) amounted to constructive dismissal; the fire did not frustrate or discharge the contracts so as to bar claims; resumption of work was under protest and union advice and did not amount to affirmation or waiver; accordingly the Claimants were entitled to damages and severance under the Employment Ordinance and the appeal was dismissed.

Court Disposition

Appeal dismissed in its entirety with costs

Orders

  • Appeal dismissed with costs