15 Mar 1996
LEUNG YU TING and Another v. GOLD UNION FAR EAST LTD. t/a Ristorante Romano
- Citation
- LEUNG YU TING and Another v. GOLD UNION FAR EAST LTD. t/a Ristorante Romano
- Court
- Court of First Instance
- Case number
- HCLA185/1995
The court held that the contracts did create an entitlement to a year end bonus but the applicable payment period, in absence of a contractual specification, is the lunar year; the Respondents had not been employed for the minimum 26 weeks in that lunar payment period before dismissal and thus were not entitled to a pro rata bonus. On redundancy, the employer discharged the presumption of redundancy by showing the roles were still required at the time of dismissal (replacements were placed into the positions), so the dismissals were not for redundancy. Accordingly the Labour Tribunal awards f…