YING SHU NANG v. THE MUTUAL AID COMMITTEE OF CORAL COURT BLOCK A

YING SHU NANG v. THE MUTUAL AID COMMITTEE OF CORAL COURT BLOCK A

The Presiding Officer erred: the employer failed to show a reasonable basis for refusing statutory holidays and therefore could not lawfully summarily dismiss the employee for taking holidays he was entitled to; the burden to justify refusal rests on the employer.

Citation
YING SHU NANG v. THE MUTUAL AID COMMITTEE OF CORAL COURT BLOCK A
Parties
Appellant (employee): Unnamed employee; Respondent (employer): The Mutual Aid Committee of Coral Court Block A
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 August 1996
Case Number
HCLA11/1996
Procedural Posture
Employment (labour Tribunal Appeal) / Appeal to High Court
Outcome
Appeal allowed
Legal Topics
Statutory Holidays, Summary Dismissal, Interpretation of Employment Ordinance Provisions
Source Language
EN
Employment Law Contract Law Statutory Holidays Summary Dismissal Interpretation of Employment Ordinance Provisions

Case Brief

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Parties

Unnamed employee

Appellant (employee)

The Mutual Aid Committee of Coral Court Block A

Respondent (employer)

Procedural Posture

Employment (labour Tribunal Appeal) / Appeal to High Court

Legal Issues

  1. 1 Whether the employee was entitled to take statutory holidays under Employment Ordinance s.39
  2. 2 Whether the employer's refusal to grant statutory holidays amounted to a repudiatory breach
  3. 3 Whether the employee's taking of leave without employer's approval justified summary dismissal

Ratio Decidendi

The Presiding Officer erred: the employer failed to show a reasonable basis for refusing statutory holidays and therefore could not lawfully summarily dismiss the employee for taking holidays he was entitled to; the burden to justify refusal rests on the employer.

Court Disposition

Appeal allowed

Orders

  • Decision of the Labour Tribunal set aside
  • Matter remitted to the Labour Tribunal for reconsideration in accordance with this judgment