19 Dec 1989
FASHION ART GARMENT FACTORY LTD v. YEUNG MAU CHING AND OTHERS
- Citation
- FASHION ART GARMENT FACTORY LTD v. YEUNG MAU CHING AND OTHERS
- Court
- Court of First Instance
- Case number
- HCLA39/1989
The court held that dismissal, whether lawful or unlawful, does not extinguish the statutory right to claim severance under the Employment Ordinance; the severance scheme is a statutory code activated by an employee's claim under s.31N, and the proviso to s.31E(1) does not extend the four consecutive weeks by excluding statutory holidays in the manner contended by the company; therefore the Presiding Officer's determination that the employees were laid off and entitled to claim severance was correct.