LY GIA NIEN v. The Personal Representative of SIR JOHN JOSEPH SWAINE, the Deceased

LY GIA NIEN v. The Personal Representative of SIR JOHN JOSEPH SWAINE, the Deceased

The court accepted the plaintiff’s unchallenged evidence and awarded judgment for the plaintiff in the total sum of HK$749,368.38 comprising arrears of wages, wages in lieu of notice, severance payment, annual leave pay and end of year pay; interest on arrears was awarded under Employment Ordinance s.25 and interest on other items at 2% p.a. from transfer date to judgment and thereafter at judgment rate; costs awarded to plaintiff nisi to be taxed.

Citation
LY GIA NIEN v. The Personal Representative of SIR JOHN JOSEPH SWAINE, the Deceased
Parties
Plaintiff: Plaintiff; Defendant (deceased): Mr John Joseph Swaine
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
18 December 2017
Case Number
DCCJ3748/2013
Procedural Posture
Employment Claim (transferred From Labour Tribunal) / District Court Judgment
Outcome
Judgment entered for plaintiff for HK$749,368.38; interest and costs awarded as specified.
Legal Topics
Arrears of Wages, Wages in Lieu of Notice, Severance Payment, Annual Leave Pay, End of Year Payment, Interest on Judgment, Costs, Mandatory Provident Fund (withdrawn)
Source Language
EN
Employment Law Labour Law Probate/estate Administration Civil Procedure Arrears of Wages Wages in Lieu of Notice Severance Payment Annual Leave Pay +4 more

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Parties

Plaintiff

Plaintiff

Mr John Joseph Swaine

Defendant (deceased)

Procedural Posture

Employment Claim (transferred From Labour Tribunal) / District Court Judgment

Legal Issues

  1. 1 Whether the plaintiff was entitled to arrears of wages from May 2011 to death
  2. 2 Whether death terminated employment entitling plaintiff to wages in lieu of notice
  3. 3 Whether plaintiff was entitled to severance payment for long service and the correct calculation

Ratio Decidendi

The court accepted the plaintiff’s unchallenged evidence and awarded judgment for the plaintiff in the total sum of HK$749,368.38 comprising arrears of wages, wages in lieu of notice, severance payment, annual leave pay and end of year pay; interest on arrears was awarded under Employment Ordinance s.25 and interest on other items at 2% p.a. from transfer date to judgment and thereafter at judgment rate; costs awarded to plaintiff nisi to be taxed.

Court Disposition

Judgment entered for plaintiff for HK$749,368.38; interest and costs awarded as specified.

Orders

  • Judgment for the plaintiff for HK$749,368.38
  • Interest on arrears of wages pursuant to section 25 of the Employment Ordinance