Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Pro rata payment

Legal area

Court

18 Oct 2011

YIP KWONG TO v. UNITED WATERS U.W. HOLDING HONG KONG LTD

Citation

YIP KWONG TO v. UNITED WATERS U.W. HOLDING HONG KONG LTD
Court

Court of First Instance
Case number

HCLA24/2011

The clause must be construed to permit pro rata payment for termination on any date during the year; the applicant's narrow construction (limiting "in the middle of a year" to 31 July) is rejected; the Tribunal's factual findings were not perverse or irrational; leave to appeal is refused.
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…