YUNG YUEN CHING v. HIU KWONG NURSING CO. LTD.

YUNG YUEN CHING v. HIU KWONG NURSING CO. LTD.

Although the presiding officer was wrong to characterise the agent's statements as hearsay, that error did not undermine the factual findings; the presiding officer's conclusion that there was no constructive dismissal because the annual leave deduction was lawful and leave had been given was upheld; the monetary award was corrected by set-off and reduced to $1,011.40; no costs were ordered.

Citation
YUNG YUEN CHING v. HIU KWONG NURSING CO. LTD.
Parties
Appellant/claimant: Yung Yuen Ching; Respondent/defendant: Hiu Kwong Nursing Co. Ltd
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 April 1996
Case Number
HCLA156/1995
Procedural Posture
Labour Tribunal Appeal / Judgment on Appeal
Outcome
Appeal allowed in part; primary factual findings and conclusion of no constructive dismissal upheld; award reduced
Legal Topics
Constructive Dismissal, Annual Leave Deduction, Hearsay, Set Off, Costs
Source Language
EN
Labour Law Employment Contract Evidence Law Constructive Dismissal Annual Leave Deduction Hearsay Set Off Costs

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 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Yung Yuen Ching

Appellant/claimant

Hiu Kwong Nursing Co. Ltd

Respondent/defendant

Procedural Posture

Labour Tribunal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether statements by a company agent at the Labour Department are hearsay or admissible as party admissions
  2. 2 Whether the employer lawfully deducted seven days annual leave such that constructive dismissal arose
  3. 3 Whether the presiding officer erred in calculation of the monetary award and set-off

Ratio Decidendi

Although the presiding officer was wrong to characterise the agent's statements as hearsay, that error did not undermine the factual findings; the presiding officer's conclusion that there was no constructive dismissal because the annual leave deduction was lawful and leave had been given was upheld; the monetary award was corrected by set-off and reduced to $1,011.40; no costs were ordered.

Court Disposition

Appeal allowed in part; primary factual findings and conclusion of no constructive dismissal upheld; award reduced

Orders

  • Appeal allowed to the extent of reducing the award from $2,177.40 to $1,011.40
  • Respondent awarded $1,011.40