Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Commission and bonuses

Legal area

Court

8 Apr 2019

MO KWOK KEI v. RICHFIELD REALTY LTD

Citation

[2019] HKDC 358
Court

District Court
Case number

DCCJ1633/2017

On the agreed facts the commission and team leader bonus were paid monthly, were payable for each day of the month regardless of leave, and were thus akin to monthly salary and payments for notional working days; accordingly they fall within the "any other reason" limb of sections 35(4), 41(6) and 41C(6) of the Employment Ordinance and must be deducted when calculating statutory entitlements, resulting in no shortfall and dismissal of the plaintiffs' claims.
8 Apr 2019

FUNG PUI WAH SALLY v. RICHFIELD REALTY LTD

Citation

[2019] HKDC 358
Court

District Court
Case number

DCCJ1634/2017

Given the agreed facts that commission and team leader bonus were paid monthly, were payable for each day of the month, and not contingent on attendance or leave, the court held those payments are properly taken to be sums paid for statutory entitlements under the 'any other reason' limb of the Deduction Sub-Sections and therefore must be deducted; accordingly there was no shortfall and the plaintiffs' claims were dismissed.