Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Deduction of commission
  • 23 Jun 2016

    MAK WAI MAN v. RICHFIELD REALTY LTD

    Citation
    MAK WAI MAN v. RICHFIELD REALTY LTD
    Court
    Court of First Instance
    Case number
    HCLA28/2015

    Allowed appeal on issue of whether commissions/team leader bonus could be deducted under ss 35(4), 41(6) and 41C(6): Presiding Officer erred by failing to consider legislative intent and whether commissions might be treated as payments in respect of paid leave (including implied terms/other agreements); matter remitted to Labour Tribunal to determine whether commissions and team leader bonus reduce statutory entitlements. Dismissed appeal on Replacement Arrangement: Presiding Officer’s finding that arrangement was unilateral and not accepted or estopped was supported by evidence and will stan…