Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Interpretation of employment ordinance

  • 19 Dec 1989

    FASHION ART GARMENT FACTORY LTD v. YEUNG MAU CHING AND OTHERS

    Citation
    FASHION ART GARMENT FACTORY LTD v. YEUNG MAU CHING AND OTHERS
    Court
    Court of First Instance
    Case number
    HCLA39/1989

    The court held that dismissal, whether lawful or unlawful, does not extinguish the statutory right to claim severance under the Employment Ordinance; the severance scheme is a statutory code activated by an employee's claim under s.31N, and the proviso to s.31E(1) does not extend the four consecutive weeks by excluding statutory holidays in the manner contended by the company; therefore the Presiding Officer's determination that the employees were laid off and entitled to claim severance was correct.

  • 1 May 1987

    YING CHEONG SHOE MFY. v. YAM YUK BING AND ANOTHER

    Citation
    YING CHEONG SHOE MFY. v. YAM YUK BING AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCLA102/1986

    The court held that the employees were laid off within the meaning of s31E(1) because they were provided with work on fewer than 12 normal working days in the relevant four‑week period and that "for such period" in s31E(1) refers to guaranteed/basic remuneration not any piece‑rate earnings; "normal working day" equals a day's work enabling normal/average wages. The employer's conduct amounted to repudiatory breach entitling employees to terminate under s10, but because the employees were the party who terminated by accepting repudiation, s8A(1) statutory wages in lieu did not automatically ap…