53 lines
3.1 KiB
YAML
53 lines
3.1 KiB
YAML
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）
|
||
jurisdiction_code: HKLAT
|
||
jurisdiction_name: Labour Tribunal of the Hong Kong Special Administrative Region
|
||
case_location:
|
||
- 香港特別行政區
|
||
- Hong Kong Special Administrative Region
|
||
case_reason: "The five claimants, including Cheng Kwok Wah, claim severance payments or terminal payments\
|
||
\ from the defendant, Li Hing Cleaning Services Co. Ltd., for their termination of employment on December\
|
||
\ 31, "
|
||
case_object:
|
||
- severance payments
|
||
- terminal payments
|
||
judgment_result:
|
||
- charge: Defendant's liability for severance payments (liability issue)
|
||
result: Allowed. The court found that the Defendant cannot avoid liability for severance payments as
|
||
the Claimants did not indicate they would switch to another company and were awaiting specific arrangements
|
||
from the Defendant, which were not provided.
|
||
- charge: Severance payment quantum (quantum issue)
|
||
result: Allowed. The court ordered that the Defendant pay severance payments of HK$13,412.05 to the
|
||
3rd Claimant, HK$3,003.42 to the 4th Claimant, HK$21,848 to the 7th Claimant, HK$13,827.86 to the
|
||
9th Claimant, and HK$13,826.82 to the 11th Claimant.
|
||
- charge: Claimants' claims for terminal payments (liability issue)
|
||
result: Dismissed. The court dismissed the claims for terminal payments as severance payments were allowed.
|
||
judgment_summary: "The Labour Tribunal ruled that Cheng Kwok Wah et al., former employees of Li Hing Cleaning\
|
||
\ Services Co. Ltd., were entitled to severance payments due to the company's breach of contract, specifically\
|
||
\ unilaterally changing working conditions without their consent. The court assessed evidence showing\
|
||
\ the company failed to provide promised re-deployment arrangements and cited legal precedents supporting\
|
||
\ constructive dismissal claims. The defendant was ordered to pay severance payments ranging from "
|
||
involved_entities:
|
||
- entity_name: Ms. Michelle Lam
|
||
reason: Presiding Officer in this case, responsible for fact-finding and adjudication.
|
||
- entity_name: FEHD (Food and Environmental Hygiene Department)
|
||
reason: Management authority that entered into contracts with the Defendant for street cleaning services.
|
||
- entity_name: Li Hing Cleaning Services Co. Ltd
|
||
reason: Defendant in this case, providing cleaning services to FEHD.
|
||
- entity_name: 3rd Claimant (鄭國華)
|
||
reason: Claimant in this case, claiming severance payments from the Defendant.
|
||
- entity_name: 4th Claimant (黎亞來)
|
||
reason: Claimant in this case, claiming severance payments from the Defendant.
|
||
- entity_name: 7th Claimant (廖發開)
|
||
reason: Claimant in this case, claiming severance payments from the Defendant.
|
||
- entity_name: 9th Claimant (何清海)
|
||
reason: Claimant in this case, claiming severance payments from the Defendant.
|
||
- entity_name: 11th Claimant (徐志中)
|
||
reason: Claimant in this case, claiming severance payments from the Defendant.
|