LIU KAM CHEONG v.TIN WO ENGINEERING CO LTD

LIU KAM CHEONG v.TIN WO ENGINEERING CO LTD

The appeal was allowed and the award set aside because the presiding officer failed to investigate and apply sections 2 and 3 of the First Schedule to the Employment Ordinance to determine whether the claimant had a continuous contract; the matter is remitted to the Labour Tribunal to determine continuity and the quantum of annual leave and statutory holiday pay.

Citation
LIU KAM CHEONG v.TIN WO ENGINEERING CO LTD
Parties
Defendant (appellant): Liu Kam Cheong; Claimant (respondent): Tin Wo Engineering Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 January 2007
Case Number
HCLA31/2006
Procedural Posture
Labour Tribunal Appeal (hcla31/2006) / Judgment on Appeal (reasons Delivered)
Outcome
Appeal allowed; award set aside; matter remitted to the Labour Tribunal for further investigation and determination on continuity of contract and quantum of entitlements.
Legal Topics
Continuous Contract, Annual Leave Pay, Statutory Holiday Pay, Severance Pay, Long Service Pay, Remittal, Costs
Source Language
EN
Employment Law Labour Law Civil Procedure Continuous Contract Annual Leave Pay Statutory Holiday Pay Severance Pay Long Service Pay +2 more

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Parties

Liu Kam Cheong

Defendant (appellant)

Tin Wo Engineering Company Limited

Claimant (respondent)

Procedural Posture

Labour Tribunal Appeal (hcla31/2006) / Judgment on Appeal (reasons Delivered)

Legal Issues

  1. 1 Whether a continuous contract existed from 28 February 2000 up to termination entitling claimant to annual leave pay and statutory holiday pay

Ratio Decidendi

The appeal was allowed and the award set aside because the presiding officer failed to investigate and apply sections 2 and 3 of the First Schedule to the Employment Ordinance to determine whether the claimant had a continuous contract; the matter is remitted to the Labour Tribunal to determine continuity and the quantum of annual leave and statutory holiday pay.

Court Disposition

Appeal allowed; award set aside; matter remitted to the Labour Tribunal for further investigation and determination on continuity of contract and quantum of entitlements.

Orders

  • Appeal allowed and award set aside.
  • Remit case to the same presiding officer in the Labour Tribunal for further investigation and determination on the question of continuous contract and the quantum of the claimant's entitlement to annual leave pay and statutory holiday pay.