9 May 2008
LAM PIK SHAN v. HONG KONG WING ON TRAVEL SERVICE LTD
- Citation
- LAM PIK SHAN v. HONG KONG WING ON TRAVEL SERVICE LTD
- Court
- Court of Appeal
- Case number
- CACV394/2007
Net tips received by tour escorts/guides constitute "wages" under the Employment Ordinance because (i) tips in this factual matrix were objectively recognized by the employer, (ii) recommended tips and deductions (head tax/local fees) are expressed and calculable on a per person per day basis so net tips accrue daily and fall within s.41(2)/41C(2), and (iii) Lisbeth Enterprises on contractual commission does not control because the case concerns tips, not commission, and a workable mode of calculation exists.