17 Jun 2022
NG YAN KIT ALFRED AND ANOTHER v. EVER HONEST INDUSTRIES LTD AND ANOTHER
- Citation
- [2022] HKCFI 1834
- Court
- Court of First Instance
- Case number
- HCLA3/2020
The appeal is allowed in part: the appellate court set aside the Tribunal Order insofar as it disposed of the 1st Claimant's claim and remitted the matter to the Labour Tribunal for rehearing by another presiding officer. The Tribunal must first determine whether the Subject Clause is a primary contractual obligation (in which case the 1st Claimant is entitled to the 24 months payment) or a secondary obligation. If secondary, the Tribunal must identify the employer's legitimate interest protected by the clause and assess whether the clause is out of proportion to that interest under the moder…