12 Jan 1988
HOP FUNG STEVEDORES & TRANSPORTATION CO LTD v. CHOW TAI HAY
- Citation
- HOP FUNG STEVEDORES & TRANSPORTATION CO LTD v. CHOW TAI HAY
- Court
- Court of First Instance
- Case number
- HCLA50/1987
Where an employee is found to have been laid off under s31E, the relevant day is determined by the statutory definition in s31E(3) (the expiry of the 4‑week period defined); absent precise employer records the court will not speculate using averages to fix an earlier relevant day, and a constructive dismissal argument cannot displace the statutory relevant day once lay‑off under s31E is established, therefore the notice was within time and the appeal fails.