Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

End of year payment (double pay)

Legal area

Court

9 Jul 2007

HUI SING PAN v. ROSE KNITTING (ASIA) LTD

Citation

HUI SING PAN v. ROSE KNITTING (ASIA) LTD
Court

District Court
Case number

DCEC178/2002

The court accepted the applicant's consistent account and medical records and found the injury occurred on 14 March 2000 in the course of employment; the respondent was therefore liable. The pro rata year‑end double pay was a contractual entitlement (presumption under Cap.57 applied) and was properly included in calculating monthly earnings (HK$12,800 x 13/12 = HK$13,867). Interest was awarded at half the judgment rate from date of accident to judgment except for specified periods of delay (July 2000–Nov 2001 inclusive and Dec 2005–Oct 2006 inclusive). Specific statutory compensation awards w…
30 Jun 2000

HA WAN HUNG v. EVERLASTING HOLDINGS (HONG KONG) LTD.

Citation

HA WAN HUNG v. EVERLASTING HOLDINGS (HONG KONG) LTD.
Court

Court of First Instance
Case number

HCLA3/2000

The appeal was allowed on the point of law because the Presiding Officer misdirected on s.11F(1)(a); however, because the Tribunal had not heard evidence on whether the respondent was constructively dismissed (which would affect application of s.11F), the award for end-of-year payment was set aside and the matter remitted to the Labour Tribunal to hear evidence and determine whether the respondent was constructively dismissed. Costs of the appeal were awarded to the Appellant.