WING MING GARMENT FACTORY LTD v. PUN YUT-KIT AND OTHERS

WING MING GARMENT FACTORY LTD v. PUN YUT-KIT AND OTHERS

On the facts found by the tribunal the employer over-reacted to the employees' absence and summary dismissal without notice was not justified — the awards of wages in lieu of notice are upheld; however the tribunal erred in inferring redundancy because post-dismissal staffing (replacement by piece-rate/temporary workers and no net reduction in labour) rebutted the statutory presumption of redundancy under s.31(Q) of the Employment Ordinance; severance awards are set aside.

Citation
WING MING GARMENT FACTORY LTD v. PUN YUT-KIT AND OTHERS
Parties
Appellant (defendant Below): Wing Ming Garment Factory Ltd.; Respondent (claimant): Pun Yut-kit; Respondent (claimant): Lo Chung-wing; Respondent (claimant): Lau Kai-chiu; Respondent (claimant): Lo Bing-sun; Respondent (claimant): Tam Weit-tat
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
28 December 1979
Case Number
DCMP13/1979
Procedural Posture
Labour Tribunal Appeal to District Court (employment Dismissal/severance) / Judgment on Appeal (final)
Outcome
Appeal dismissed in part and allowed in part.
Legal Topics
Wrongful Dismissal, Wages in Lieu of Notice, Severance Pay, Redundancy, Burden of Proof, Piece Rate Employment
Source Language
EN
Employment Law Labour Law Industrial Relations Wrongful Dismissal Wages in Lieu of Notice Severance Pay Redundancy Burden of Proof +1 more

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Parties

Wing Ming Garment Factory Ltd.

Appellant (defendant Below)

Pun Yut-kit

Respondent (claimant)

Lo Chung-wing

Respondent (claimant)

Lau Kai-chiu

Respondent (claimant)

Lo Bing-sun

Respondent (claimant)

Tam Weit-tat

Respondent (claimant)

Procedural Posture

Labour Tribunal Appeal to District Court (employment Dismissal/severance) / Judgment on Appeal (final)

Legal Issues

  1. 1 Whether the employees were validly summarily dismissed for misconduct
  2. 2 Whether employees were entitled to wages in lieu of notice
  3. 3 Whether presumption of redundancy under Employment Ordinance s.31(Q) was rebutted by employer

Ratio Decidendi

On the facts found by the tribunal the employer over-reacted to the employees' absence and summary dismissal without notice was not justified — the awards of wages in lieu of notice are upheld; however the tribunal erred in inferring redundancy because post-dismissal staffing (replacement by piece-rate/temporary workers and no net reduction in labour) rebutted the statutory presumption of redundancy under s.31(Q) of the Employment Ordinance; severance awards are set aside.

Court Disposition

Appeal dismissed in part and allowed in part.

Orders

  • Awards of one month's wages in lieu of notice for all five respondents upheld
  • Severance pay awards to the 1st, 2nd and 3rd respondents set aside