22 Dec 2010
ICAP (HONG KONG) LTD v. KWOK CHI LEUNG
- Citation
- ICAP (HONG KONG) LTD v. KWOK CHI LEUNG
- Court
- Court of First Instance
- Case number
- HCA637/2007
Bonuses under the February 2005 revised contracts were contractual in nature (the word "discretionary" had been omitted and the bonus pool and distribution mechanism carried contractual content) but, construing the Ordinance in context, such bonuses are excluded from the meaning of "wages" for the purposes of s.7(2); alternatively, even if characterised as wages, the bonuses would have been wages that might have accrued rather than wages which would have accrued during the unserved notice period, so they are not recoverable under s.7(2). Consequently the plaintiff's statutory claims fail.