KIN MAN GARMENT FACTORY v. LAM SUK CHING

KIN MAN GARMENT FACTORY v. LAM SUK CHING

Where an employee paid on a piece‑rate basis wrongfully terminates employment without notice the sum payable under s.8A must be calculated in accordance with s.7(3) as the amount of wages actually earned by the employee during the month immediately preceding wrongful termination; applying that rule reduces the award from $1,820 to $1,689.

Citation
KIN MAN GARMENT FACTORY v. LAM SUK CHING
Parties
Respondent/claimant: Kin Man Garment Factory; Appellant/defendant: Lam Suk Ching
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 February 1984
Case Number
HCLA58/1983
Procedural Posture
Labour Tribunal Appeal / Appeal Judgment
Outcome
Appeal allowed in part; award reduced from $1,820 to $1,689; no order as to costs of the appeal
Legal Topics
Wrongful Termination, Payment in Lieu of Notice, Calculation of Wages, Piece Rate Remuneration, Appeal Against Quantum
Source Language
EN
Employment Law Labour Law Statutory Interpretation Wrongful Termination Payment in Lieu of Notice Calculation of Wages Piece Rate Remuneration Appeal Against Quantum

Case Brief

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Parties

Kin Man Garment Factory

Respondent/claimant

Lam Suk Ching

Appellant/defendant

Procedural Posture

Labour Tribunal Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether s.8A of the Employment Ordinance requires calculation of the sum payable on wrongful termination by reference to s.7(3) for piece-rate employees
  2. 2 Proper method for calculating wages payable in lieu of one month's notice for piece-rate remuneration
  3. 3 Whether the presiding officer's award of $1,820 was on the correct legal basis

Ratio Decidendi

Where an employee paid on a piece‑rate basis wrongfully terminates employment without notice the sum payable under s.8A must be calculated in accordance with s.7(3) as the amount of wages actually earned by the employee during the month immediately preceding wrongful termination; applying that rule reduces the award from $1,820 to $1,689.

Court Disposition

Appeal allowed in part; award reduced from $1,820 to $1,689; no order as to costs of the appeal

Orders

  • Reduce award to $1,689 payable by the Appellant to the Respondent under s.8A of the Employment Ordinance
  • No order as to the costs of this appeal; leave presiding officer's costs order before the Tribunal undisturbed