26 May 2000
LI SHUK MAN v. HO WAI LING REBECCA t/a WINDSOR SAUNA
- Citation
- LI SHUK MAN v. HO WAI LING REBECCA t/a WINDSOR SAUNA
- Court
- Court of First Instance
- Case number
- HCA5446/1996
The court held that the employer bears the burden of proving that a summary dismissal was justified; on the facts the Defendant failed to prove repudiatory conduct by P1 and the dismissal was wrongful; separately, the court found tips were collected, retained and distributed in a manner that was notorious, habitual and closely connected to the business and accordingly inferred the Defendant recognized tips as part of wages under Cap.57 s.2, so tips must be included in statutory wage calculations.