Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Disclosure and procedural irregularity

Legal area

Court

28 Nov 2007

FONG MUNG YAN v. ISS HONG KONG SERVICES LTD

Citation

FONG MUNG YAN v. ISS HONG KONG SERVICES LTD
Court

Court of Appeal
Case number

CACV344/2005

The appeals were dismissed: the concurrent factual findings that contractual hours were 11pm–7am and that the early finishing practice was an indulgence were not shown to be perverse; the employer's express redeployment right meant redeployment to posts requiring longer hours did not constitute repudiatory breach; and attendance bonus is wages under s2(1) and must be included in annual leave pay under s41C(1).
28 Nov 2007

WONG YIN FONG v. ISS HONG KONG SERVICES LTD

Citation

WONG YIN FONG v. ISS HONG KONG SERVICES LTD
Court

Court of Appeal
Case number

CACV406/2005

The Court upheld concurrent factual findings that the 11:00pm–7:00am shift in the written and MTRC contract was the contractual working hours and the early leaving practice was an indulgence not a contractual term; the employer's redeployment clause lawfully permitted transfers to posts requiring work until 7:00am and thus there was no repudiatory breach or constructive dismissal; attendance bonus is part of wages under the Employment Ordinance and therefore forms part of annual leave pay; nondisclosure of certain documents did not produce a substantial miscarriage of justice sufficient to ov…