CHOY KAM CHING AND OTHERS v. LUCKY PVC MANUFACTURERS LTD

CHOY KAM CHING AND OTHERS v. LUCKY PVC MANUFACTURERS LTD

There was sufficient unchallenged evidence to establish a lay-off within Section 31E; the presiding officer applied the correct burden of proof and consequently the lay-off constituted constructive dismissal entitling the respondents to severance pay and wages in lieu of notice.

Citation
CHOY KAM CHING AND OTHERS v. LUCKY PVC MANUFACTURERS LTD
Parties
Claimant/respondent: Choy Kam Ching & 3 others; Defendant/applicant: Lucky P. V. C. Manufacturers Ltd.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 May 1987
Case Number
HCLA96/1986
Procedural Posture
Labour Tribunal Appeal / Final Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Severance Pay, Lay Off, Constructive Dismissal, Wages in Lieu of Notice, Burden of Proof
Source Language
EN
Employment Law Labour Law Contract Law Severance Pay Lay Off Constructive Dismissal Wages in Lieu of Notice Burden of Proof

Case Brief

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Parties

Choy Kam Ching & 3 others

Claimant/respondent

Lucky P. V. C. Manufacturers Ltd.

Defendant/applicant

Procedural Posture

Labour Tribunal Appeal / Final Judgment on Appeal

Legal Issues

  1. 1 Whether there was a lay-off within the meaning of Section 31E Cap.57
  2. 2 Which party bore the burden of proof on lay-off and whether it was met
  3. 3 When the relevant four-week period ran for calculation of lay-off

Ratio Decidendi

There was sufficient unchallenged evidence to establish a lay-off within Section 31E; the presiding officer applied the correct burden of proof and consequently the lay-off constituted constructive dismissal entitling the respondents to severance pay and wages in lieu of notice.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs reserved; parties to be heard on costs