POW YEE WAH v. CHUNG WAI STATIONERY FACTORY LTD.

POW YEE WAH v. CHUNG WAI STATIONERY FACTORY LTD.

The High Court held the presumption of redundancy under s31Q applied and the employer failed to rebut it; the Presiding Officer's finding of redundancy and constructive dismissal was open on the evidence, the employee did not forfeit severance under s31C(5), and the agreed contractual notice was seven days so the cross-appeal for a one-month notice period failed.

Citation
POW YEE WAH v. CHUNG WAI STATIONERY FACTORY LTD.
Parties
Claimant/respondent: POW YEE WAH; Defendant/applicant: CHUNG WAI STATIONERY FACTORY LTD.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 January 1987
Case Number
HCLA45/1985
Procedural Posture
Labour Tribunal Appeal (on Appeal to High Court) / Judgment on Appeal
Outcome
Appeal dismissed; cross-appeal dismissed; order nisi for costs to employee.
Legal Topics
Redundancy, Severance Pay, Notice Period, Constructive Dismissal, Burden of Proof, Tribunal Procedure
Source Language
EN
Labour/employment Contract Statutory Interpretation Redundancy Severance Pay Notice Period Constructive Dismissal Burden of Proof +1 more

Case Brief

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Parties

POW YEE WAH

Claimant/respondent

CHUNG WAI STATIONERY FACTORY LTD.

Defendant/applicant

Procedural Posture

Labour Tribunal Appeal (on Appeal to High Court) / Judgment on Appeal

Legal Issues

  1. 1 Whether dismissal was by reason of redundancy or for cause
  2. 2 Who bears the burden of proof to displace the presumption of redundancy
  3. 3 Whether employee forfeited severance under s31C(5) by leaving before notice expired

Ratio Decidendi

The High Court held the presumption of redundancy under s31Q applied and the employer failed to rebut it; the Presiding Officer's finding of redundancy and constructive dismissal was open on the evidence, the employee did not forfeit severance under s31C(5), and the agreed contractual notice was seven days so the cross-appeal for a one-month notice period failed.

Court Disposition

Appeal dismissed; cross-appeal dismissed; order nisi for costs to employee.

Orders

  • Appeal by employer dismissed.
  • Cross-appeal by employee dismissed.