20 Jun 2005
ALI SHOUKAT v. HANG SENG BANK LTD
- Citation
- ALI SHOUKAT v. HANG SENG BANK LTD
- Court
- Court of First Instance
- Case number
- HCLA112/2004
The appeal is allowed: the Labour Tribunal lacked jurisdiction to decide a claim for underpayment of benefits under the Trust Deed because such a claim is properly a breach of trust action against the Trustee not a contractual claim against the employer; the Trust Deed unambiguously treated unpaid leave as non‑benefit‑earning and the Presiding Officer erred in construing 'unpaid leave' to include certified unpaid sick leave and in invoking contra proferentum and ex aequo et bono; accordingly the Tribunal's award of $47,865.29 is set aside.