plaintiff:
  - CHENG KWOK WAH (鄭國華)
  - LAI AH LOI (黎亞來)
  - LIU FAT HOI (廖發開)
  - HO CHING HOI (何清海)
  - HSU CHE CHEONG (徐志中)

defendant:
  - LI HING CLEANING SERVICES CO. LIMITED (利興清潔服務有限公司)

case_reason: Claims for severance payments and alternatively terminal payments arising from the termination of employment following the expiry of a government service contract (FEHD Street Cleaning Services Contract for Wanchai) on 31 December 2011, where the employer attempted to re-deploy workers to different workplaces with varied working conditions.

judgment_summary: Five cleaning workers claimed severance payments after their employer's government service contract expired. The workers were employed under Government Standard Employment Contracts tied to the FEHD contract (FEHDSC/63/09) for street cleaning services in Wanchai from 1 January 2010 to 31 December 2011. When the contract expired, the employer attempted to re-deploy them to different locations with changed working hours. The Tribunal found that the employment contracts contained an implied term that they would terminate with the expiry of the FEHD contract, or alternatively, that the employer's unilateral variation of major employment conditions (workplace and working hours) constituted constructive dismissal. The Tribunal ruled that the workers were dismissed by reason of redundancy under sections 31B and 31D of the Employment Ordinance, and the employer was liable for severance payments.

jurisdiction_code: HKLAT

jurisdiction_name: Labour Tribunal of the Hong Kong Special Administrative Region

case_location: Hong Kong Special Administrative Region

case_object:
  - Severance payment claims
  - Terminal payment claims
  - Employment contract termination
  - Constructive dismissal
  - Government Standard Employment Contracts

judgment_result:
  - charge: Claims for severance payments and terminal payments
    result: Claims allowed - Defendant liable for severance payments under sections 31B and 31D of the Employment Ordinance

involved_entities:
  - entity_name: Michelle Lam
    reason: Presiding Officer who heard the case and rendered the decision
  - entity_name: Food and Environmental Hygiene Department (FEHD)
    reason: Government department that entered into the street cleaning services contract with the defendant
  - entity_name: Labour Department
    reason: Government department that facilitated meetings between the parties and received worker complaints
  - entity_name: Cleaning Workers Union
    reason: Union that represented workers' interests and participated in meetings with the employer
  - entity_name: Wu Mei-lin
    reason: Officer of the Cleaning Workers Union who represented workers at meetings
  - entity_name: Woo Ching Sum Connie
    reason: Executive Director of the defendant company who represented the employer
  - entity_name: Wong Shuk Yin
    reason: Deputy Human Resources Officer of the defendant who gave evidence in court
  - entity_name: Employment Ordinance (Cap 57)
    reason: Primary legislation governing employment rights, severance payments, and dismissal procedures
  - entity_name: Minimum Wage Ordinance
    reason: Legislation implemented on 1 May 2011 that triggered revision of employment contracts
  - entity_name: Western Excavating (ECC) Ltd v Sharp [1978] 1 QB 761
    reason: Case law cited regarding the legal principle of constructive dismissal
