17 Feb 2011
AU SOU LIN v. ZIELONA TRANSPORT LTD
- Citation
- AU SOU LIN v. ZIELONA TRANSPORT LTD
- Court
- Court of Appeal
- Case number
- CACV99/2010
The Court held clause (F) that purported to contract out Employment Ordinance rights is void as to those rights; the employer cannot immediately recover the whole pay differential as overpayment without first quantifying the tangible statutory entitlements the employee is owed (including rest day and sickness allowance claims). The matter is remitted to the Labour Tribunal to determine those entitlements and deduct any quantified amounts from the alleged overpayment.