9 Jul 2003
LUI LIN KAM AND OTHERS v. NICE CREATION DEVELOPMENT LTD t/a FU ON SEAFOOD RESTAURANT
- Citation
- LUI LIN KAM AND OTHERS v. NICE CREATION DEVELOPMENT LTD t/a FU ON SEAFOOD RESTAURANT
- Court
- Court of First Instance
- Case number
- HCLA106/2002
The court held that Paragraphs 2 and 3 must be read together: continuity is broken if in any week (Sunday–Saturday) the employee worked under 18 hours unless an exception applies; Yam J's 4-week non-working formulation was obiter and not authoritative on the point. Applying that test the Presiding Officer erred in law in reasoning, but on the evidence the court drew the permissible inference of a tacit/global re-engagement and concluded the alleged short break was an artificial device to avoid Part VIA liabilities and therefore the employment was regarded as continuous; accordingly the Labour…