29 Jul 2011
YAP BEE HONG CHRISAND v. MACPI GROUP (H.K.) LTD
- Citation
- YAP BEE HONG CHRISAND v. MACPI GROUP (H.K.) LTD
- Court
- District Court
- Case number
- DCCJ605/2008
The settlement recorded at the Labour Department (12 March 2007) was a bona fide compromise and Macpi HK cannot recover part of that payment as a mistaken overpayment; clause 3 is construed to mean the US$500,000 threshold applies annually with payment frequency every six months, and because the proposed variation in January 2007 was not agreed the original contract terms govern; Macpi HK failed to prove misconduct, so defendant entitled to one month's wages in lieu and to commissions for 2007 calculated under original terms resulting in a net judgment in her favour.