TSANG SAU YUE AND ANOTHER v. LUCCI CREATION LTD

TSANG SAU YUE AND ANOTHER v. LUCCI CREATION LTD

Defendant's failure to pay wages for August and September 2002 constituted constructive dismissal under the Employment Ordinance; plaintiffs were therefore entitled to unpaid wages, statutory notice/pay in lieu, long service/severance payments and other statutory entitlements calculated as found; the presumption of redundancy under s31Q applied to P2 and the defendant failed to rebut it; defendant's counterclaim failed for lack of evidence; costs awarded to plaintiffs.

Citation
TSANG SAU YUE AND ANOTHER v. LUCCI CREATION LTD
Parties
1st Plaintiff: P1; 2nd Plaintiff: P2; Defendant: Defendant; 3rd Defendant: Tse Yun Sang
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
16 March 2004
Case Number
DCCJ379/2003
Procedural Posture
Employment / Labour (transferred From Labour Tribunal) / Judgment After Trial
Outcome
Judgment for P1 and P2 against Defendant; Defendant's counterclaim dismissed; costs to plaintiffs
Legal Topics
Constructive Dismissal, Unpaid Wages, Severance Payment, Long Service Payment, Annual Leave Pay, Year End Payment, Reimbursement of Expenses, Interest, Costs, Redundancy Presumption
Source Language
EN
Employment Law Labour Law Contract Law Constructive Dismissal Unpaid Wages Severance Payment Long Service Payment Annual Leave Pay +5 more

Case Brief

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Parties

P1

1st Plaintiff

P2

2nd Plaintiff

Defendant

Defendant

Tse Yun Sang

3rd Defendant

Procedural Posture

Employment / Labour (transferred From Labour Tribunal) / Judgment After Trial

Legal Issues

  1. 1 Whether failure to pay wages for August and September 2002 constituted constructive dismissal
  2. 2 Entitlement to outstanding wages, notice pay and interest under the Employment Ordinance
  3. 3 Calculation and entitlement to long service payment and severance payment

Ratio Decidendi

Defendant's failure to pay wages for August and September 2002 constituted constructive dismissal under the Employment Ordinance; plaintiffs were therefore entitled to unpaid wages, statutory notice/pay in lieu, long service/severance payments and other statutory entitlements calculated as found; the presumption of redundancy under s31Q applied to P2 and the defendant failed to rebut it; defendant's counterclaim failed for lack of evidence; costs awarded to plaintiffs.

Court Disposition

Judgment for P1 and P2 against Defendant; Defendant's counterclaim dismissed; costs to plaintiffs

Orders

  • Judgment for P1 against Defendant in the sum of HK$314,890.16 with interest: interest on unpaid wages for Aug and Sep 2002 at judgment rate from 26 Aug 2002 and 26 Sep 2002 respectively to payment; interest on wages for 1–7 Oct 2002 at judgment rate from 8 Oct 2002 to payment under s25A; interest on remaining sums...
  • Judgment for P2 against Defendant in the sum of HK$63,711.70 with interest: interest on unpaid wages for Aug and Sep 2002 at judgment rate from 26 Aug 2002 and 26 Sep 2002 respectively to payment; interest on wages for 1–7 Oct 2002 at judgment rate from 8 Oct 2002 to payment under s25A; interest on remaining sums at...