SOUTH TEXTILES LTD v. TANG LAM FONG

SOUTH TEXTILES LTD v. TANG LAM FONG

The Presiding Officer erred in awarding severance without properly investigating and allowing the employer an opportunity to rebut the statutory presumption in s.31Q of the Employment Ordinance as required by the investigatory duty in s.20(3) of the Labour Tribunal Ordinance; accordingly the severance award of...

Source-derived case information.

Citation
SOUTH TEXTILES LTD v. TANG LAM FONG
Parties
Appellant/defendant: South Textiles Limited; Respondent/claimant: Tang Lam Fong
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 March 1983
Case Number
HCLA40/1982
Procedural Posture
Labour Tribunal Appeal / Appeal From Labour Tribunal; Judgment on Appeal With Remittal to Tribunal
Outcome
Appeal allowed in part; severance award set aside and remitted to the Labour Tribunal for fresh investigation on rebuttal of the s.31Q presumption.
Legal Topics
Redundancy, Severance Pay, Statutory Presumption, Burden of Proof, Labour Tribunal Procedure, Remission/review
Source Language
en
Employment Law Labour Law Administrative Law Civil Procedure Redundancy Severance Pay Statutory Presumption Burden of Proof +2 more

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Parties

South Textiles Limited

Appellant/defendant

Tang Lam Fong

Respondent/claimant

Procedural Posture

Labour Tribunal Appeal / Appeal From Labour Tribunal; Judgment on Appeal With Remittal to Tribunal

Legal Issues

  1. 1 Whether there was a redundancy situation
  2. 2 Whether the dismissal was by reason of redundancy
  3. 3 Whether the Presiding Officer breached s.20(3) of the Labour Tribunal Ordinance by failing to investigate possible rebuttal of the s.31Q presumption

Ratio Decidendi

The Presiding Officer erred in awarding severance without properly investigating and allowing the employer an opportunity to rebut the statutory presumption in s.31Q of the Employment Ordinance as required by the investigatory duty in s.20(3) of the Labour Tribunal Ordinance; accordingly the severance award of $10,768.30 was set aside and the matter remitted to the Labour Tribunal for determination focused on rebuttal of the s.31Q presumption.

Court Disposition

Appeal allowed in part; severance award set aside and remitted to the Labour Tribunal for fresh investigation on rebuttal of the s.31Q presumption.

Orders

  • Severance award of $10,768.30 set aside and the question of severance payment remitted to the Labour Tribunal for determination with emphasis on any rebuttal of the s.31Q presumption
  • Appellant ordered to pay the respondent $75 for today's expenses