CHAK CHONG CHI v. MAXIM\'S CATERERS LTD.

CHAK CHONG CHI v. MAXIM\'S CATERERS LTD.

Where an employer terminated employment by payment in lieu under s.7 the dismissal is governed by s.7 and not s.9; an unexercised right to summary dismissal under s.9 does not trigger the exclusion in s.31S(1); accordingly the relevant date is the date up to which s.7 wages are calculated and s.31R applied, so the employee was entitled to long service payment; leave to appeal was dismissed.

Citation
CHAK CHONG CHI v. MAXIM\'S CATERERS LTD.
Parties
Claimant/respondent: CHAK CHONG CHI; Defendant/applicant: Maxim's Caterers Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 September 1992
Case Number
HCLA25/1992
Procedural Posture
Labour Tribunal Appeal / Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed with costs
Legal Topics
Long Service Payment, Dismissal for Misconduct, Payment in Lieu of Notice, Relevant Date, Severance Payment
Source Language
EN
Employment Law Labour Law Statutory Interpretation Long Service Payment Dismissal for Misconduct Payment in Lieu of Notice Relevant Date Severance Payment

Case Brief

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Parties

CHAK CHONG CHI

Claimant/respondent

Maxim's Caterers Limited

Defendant/applicant

Procedural Posture

Labour Tribunal Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether an employer's unexercised right to summary dismissal under s.9 of the Employment Ordinance defeats entitlement to long service payment under s.31R/31S when termination was effected by payment in lieu under s.7
  2. 2 Whether the relevant date for calculating entitlement to long service payment is the date of dismissal (22 Nov 1991) or the date up to which wages under s.7 are calculated (21 Dec 1991)
  3. 3 Proper construction and interaction of ss.2,7,9,31R,31S and 31T of the Employment Ordinance

Ratio Decidendi

Where an employer terminated employment by payment in lieu under s.7 the dismissal is governed by s.7 and not s.9; an unexercised right to summary dismissal under s.9 does not trigger the exclusion in s.31S(1); accordingly the relevant date is the date up to which s.7 wages are calculated and s.31R applied, so the employee was entitled to long service payment; leave to appeal was dismissed.

Court Disposition

Application for leave to appeal dismissed with costs

Orders

  • Application for leave to appeal dismissed with costs