21 Nov 1991
YAN KWOK TUNG AND OTHERS v. NAPOLEON RESTAURANT LTD. AND ANOTHER
- Citation
- YAN KWOK TUNG AND OTHERS v. NAPOLEON RESTAURANT LTD. AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCLA15/1990
The court held that for Section 31B(2)(c) "the place where the employee was so employed" refers to the actual geographical place where the employee worked (geographical test), not merely places he could be required to work under contract; Section 31B(2)(a) is likewise not dependent on physical location; the Presiding Officer did not err in finding actual dismissal and redundancy on the primary facts but remittals were required where factual or legal inquiries remained (qualifying service for C25, provident fund/retirement payments and commuting-distance inquiries for specified claimants).