Lee Kwok chiu and Another v. Passport Travel Management (FE) Ltd.

Lee Kwok chiu and Another v. Passport Travel Management (FE) Ltd.

The former managing director had authority to approve fixed rates of allowances and commissions; plaintiffs produced payment requisition forms and credible witness evidence corroborating approval; defendant failed to produce documents or evidence to show lawful variation or to substantiate counterclaims; therefore plaintiffs are entitled to their claimed statutory benefits and approved commissions and the counterclaims fail.

Citation
Lee Kwok chiu and Another v. Passport Travel Management (FE) Ltd.
Parties
1st Plaintiff: LEE Kwok-chiu; 2nd Plaintiff: HO Tsz-hong; Defendant (represented in Person): Passport Travel Management (FE) Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
27 October 2000
Case Number
DCCJ2093/1998
Procedural Posture
Employment / Labour Tribunal Transfer / Judgment After Trial
Outcome
Judgment for plaintiffs in full; counterclaim dismissed
Legal Topics
Statutory Benefits, Severance Pay, Double Pay, Commission and Allowances, Authority of Managing Director, Variation of Employment Contract, Counterclaim for Overpayment
Source Language
EN
Employment Law Labour Law Contract Law Statutory Benefits Severance Pay Double Pay Commission and Allowances Authority of Managing Director +2 more

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Parties

LEE Kwok-chiu

1st Plaintiff

HO Tsz-hong

2nd Plaintiff

Passport Travel Management (FE) Limited

Defendant (represented in Person)

Procedural Posture

Employment / Labour Tribunal Transfer / Judgment After Trial

Legal Issues

  1. 1 Whether plaintiffs were entitled to claimed statutory benefits and contractual allowances/commissions
  2. 2 Whether former managing director had authority to bind the company to fixed rates of allowances and commissions
  3. 3 Whether defendant validly varied terms of employment after change of management

Ratio Decidendi

The former managing director had authority to approve fixed rates of allowances and commissions; plaintiffs produced payment requisition forms and credible witness evidence corroborating approval; defendant failed to produce documents or evidence to show lawful variation or to substantiate counterclaims; therefore plaintiffs are entitled to their claimed statutory benefits and approved commissions and the counterclaims fail.

Court Disposition

Judgment for plaintiffs in full; counterclaim dismissed

Orders

  • Judgment awarded to 1st Plaintiff LEE Kwok-chiu in the sum of HK$84,333.40 with interest and costs
  • Judgment awarded to 2nd Plaintiff HO Tsz-hong in the sum of HK$72,010.40 with interest and costs