23 Jun 2017
VOAHANGINIAINA AIMEE CHANTAL v. LEUNG MAN KAI
- Citation
- VOAHANGINIAINA AIMEE CHANTAL v. LEUNG MAN KAI
- Court
- Court of First Instance
- Case number
- HCLA27/2016
The Court dismissed the appeal because the unpaid sum of HK$24,640 constituted an unlawful deduction under section 32 of the Employment Ordinance: the defendant failed to establish that any statutory exception or valid written consent/agency existed to authorize the deduction or that the common law principle of payment to a third party displaced the statutory, exhaustive regime; the Tribunal's factual findings on credibility and documentary inconsistencies were upheld and any failure to investigate documentary material was immaterial to the statutory conclusion that the deduction was unlawful.