王焯華 v. FIVE STAR WINE LTD.

王焯華 v. FIVE STAR WINE LTD.

The appeal was dismissed because the presiding officer had adequately investigated the fraud allegation given the available evidence and its limited relevance to credibility, and because the defendant's unjustified withholding of sickness allowance amounted to a fundamental breach constituting constructive dismissal so the tribunal's awards for wages in lieu of notice, arrears, annual leave, double pay, sickness allowance and commission were supported.

Citation
王焯華 v. FIVE STAR WINE LTD.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 November 2001
Case Number
HCLA35/2001
Procedural Posture
Labour Tribunal Appeal / Appeal Judgment
Outcome
Appeal dismissed with costs
Legal Topics
Constructive Dismissal, Sickness Allowance, Wages Arrears, Commission, Annual Leave Pay, Double Pay, Procedural Duty to Investigate, Credibility of Witnesses, Fraud Allegation
Source Language
EN
Employment Law Labour Law Contract Law Constructive Dismissal Sickness Allowance Wages Arrears Commission Annual Leave Pay +4 more

Case Brief

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Procedural Posture

Labour Tribunal Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the presiding officer failed in his duty under section 20(3) of the Labour Tribunal Ordinance to investigate allegations of fraud
  2. 2 Whether withholding sickness allowance constituted a fundamental breach amounting to constructive dismissal
  3. 3 Whether the claimant was entitled to wages in lieu of notice, arrears, annual leave pay, end of year payment (double pay) and commission

Ratio Decidendi

The appeal was dismissed because the presiding officer had adequately investigated the fraud allegation given the available evidence and its limited relevance to credibility, and because the defendant's unjustified withholding of sickness allowance amounted to a fundamental breach constituting constructive dismissal so the tribunal's awards for wages in lieu of notice, arrears, annual leave, double pay, sickness allowance and commission were supported.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs
  • Labour Tribunal award dated 23 April 2001 in the sum of $93,349.50 is affirmed