Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Year end bonus

Legal area

Court

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…
2 Dec 1994

MAK CHIU YING AND OTHERS v. LA CUISINE SEAFOOD RESTAURANT

Citation

MAK CHIU YING AND OTHERS v. LA CUISINE SEAFOOD RESTAURANT
Court

Court of First Instance
Case number

HCLA68/1994

The tribunal's award was set aside because it rested on inadequate evidence and absent findings on whether the bonus was contractual; in the absence of a contractual payment period the lunar year governs, meaning respondents had been employed for fewer than the statutory 26 weeks in the payment period; therefore entitlement was not established and the matter must be reheard with specific findings of law and fact.