ALI SHOUKAT v. HANG SENG BANK LTD

ALI SHOUKAT v. HANG SENG BANK LTD

The appeal is allowed: the Labour Tribunal lacked jurisdiction to decide a claim for underpayment of benefits under the Trust Deed because such a claim is properly a breach of trust action against the Trustee not a contractual claim against the employer; the Trust Deed unambiguously treated unpaid leave as non‑benefit‑earning and the Presiding Officer erred in construing 'unpaid leave' to include certified unpaid sick leave and in invoking contra proferentum and ex aequo et bono; accordingly the Tribunal's award of $47,865.29 is set aside.

Citation
ALI SHOUKAT v. HANG SENG BANK LTD
Parties
Respondent/claimant: ALI SHOUKAT; Appellant/defendant: HANG SENG BANK LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 June 2005
Case Number
HCLA112/2004
Procedural Posture
Labour Tribunal Appeal to High Court (court of First Instance) / Judgment on Appeal
Outcome
Appeal allowed; award of the Labour Tribunal set aside
Legal Topics
Pension Scheme Benefits, Trust Deed Construction, Jurisdiction of Labour Tribunal, Implied Terms, Contra Proferentum, Costs Discretion
Source Language
EN
Employment Law Trusts Law Contract Interpretation Labour Tribunal Jurisdiction Pension Scheme Benefits Trust Deed Construction Jurisdiction of Labour Tribunal Implied Terms +2 more

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Parties

ALI SHOUKAT

Respondent/claimant

HANG SENG BANK LIMITED

Appellant/defendant

Procedural Posture

Labour Tribunal Appeal to High Court (court of First Instance) / Judgment on Appeal

Legal Issues

  1. 1 Whether a claim for underpayment of scheme benefits under a trust deed falls within the Labour Tribunal's jurisdiction
  2. 2 Whether the employer (Appellant) is liable to pay Scheme Benefits or liability lies with the Trustee
  3. 3 Proper construction of the term 'unpaid leave' in the Trust Deed and whether certified unpaid sick leave counts as Eligible Service

Ratio Decidendi

The appeal is allowed: the Labour Tribunal lacked jurisdiction to decide a claim for underpayment of benefits under the Trust Deed because such a claim is properly a breach of trust action against the Trustee not a contractual claim against the employer; the Trust Deed unambiguously treated unpaid leave as non‑benefit‑earning and the Presiding Officer erred in construing 'unpaid leave' to include certified unpaid sick leave and in invoking contra proferentum and ex aequo et bono; accordingly the Tribunal's award of $47,865.29 is set aside.

Court Disposition

Appeal allowed; award of the Labour Tribunal set aside

Orders

  • Appellant's appeal allowed
  • Presiding Officer's award of $47,865.29 set aside