CHOI TZE KEUNG v. GREEN CLUB

CHOI TZE KEUNG v. GREEN CLUB

The note signed by the employee did not bar claims to statutory entitlements because a contractual term attempting to extinguish rights under the Employment Ordinance is void; the factual findings supported dismissal by reason of redundancy rather than misconduct, entitling the employee to severance pay and annual leave pay; therefore the Labour Tribunal award was correct and the employer's appeal fails.

Citation
CHOI TZE KEUNG v. GREEN CLUB
Parties
Claimant/respondent: CHOI TZE KEUNG; Defendant/appellant: GREEN CLUB
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 November 1996
Case Number
HCLA77/1996
Procedural Posture
Employment/labour Appeal (appeal From Labour Tribunal) / High Court Judgment (appeal Heard)
Outcome
Appeal dismissed
Legal Topics
Redundancy, Annual Leave Pay, Severance Pay, Contracting Out/void Terms, Dismissal for Misconduct, Statutory Protection Under Employment Ordinance
Source Language
EN
Employment Contract Redundancy Annual Leave Pay Severance Pay Contracting Out/void Terms Dismissal for Misconduct Statutory Protection Under Employment Ordinance

Case Brief

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Parties

CHOI TZE KEUNG

Claimant/respondent

GREEN CLUB

Defendant/appellant

Procedural Posture

Employment/labour Appeal (appeal From Labour Tribunal) / High Court Judgment (appeal Heard)

Legal Issues

  1. 1 Whether a contractual term purporting to extinguish annual leave is valid
  2. 2 Whether the dismissal was for misconduct or redundancy
  3. 3 Whether a signed settlement note barred claims to statutory entitlements

Ratio Decidendi

The note signed by the employee did not bar claims to statutory entitlements because a contractual term attempting to extinguish rights under the Employment Ordinance is void; the factual findings supported dismissal by reason of redundancy rather than misconduct, entitling the employee to severance pay and annual leave pay; therefore the Labour Tribunal award was correct and the employer's appeal fails.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • No order as to costs