23 Jun 2016
MO KWOK KEI v. RICHFIELD REALTY LTD
- Citation
- MO KWOK KEI v. RICHFIELD REALTY LTD
- Court
- Court of First Instance
- Case number
- HCLA30/2015
The Presiding Officer erred in law by failing to consider implied terms, other agreements or the legislative intent behind the 2007 amendments when excluding commissions from deduction under ss35(4), 41(6) and 41C(6); accordingly the appeals are allowed in part and the awards are set aside and remitted to the Labour Tribunal to determine whether commissions and team leader bonus constitute sums paid in respect of paid sick/holiday/annual leave days and thus may be deducted. The Presiding Officer's finding that the employer's Replacement Arrangement was a unilateral imposition was supported by…