Reference Library on Court Cases: Part 1

Recommended Age HR Professionals
Medium of Instruction Cantonese
Class Length 10-15 minutes/video
Class Size N/A
Class Schedule Videos are available to replay for 1 month.

$680.00/Category

It is known to HR Professional that there are limitations of the Employment Ordinance of Hong Kong (Chapter 57 of the Law of Hong Kong) and that the Employment Ordinance alone is not sufficient to deal with day-to-day personnel management, particularly in the areas of employment contracts, employees’ code of conduct; clauses of discrimination, confidentiality & restraint of trade; issues of dismissal, work injury, etc. The Employment Ordinance only provides for the basic statutory entitlements, rights, and protections of employees but it does not cover flexibilities on dealing with personnel and human resources issues.

As it is not possible for the legislations to cover all agreements between employers and employees across different industries, areas, and fields of trade. Before making a commercial decision on a labour issue, a HR Professional will find it useful to refer to past cases of decisions of related categories of disputes made by the court. A good commercial decision, which is made in time, would save a company from engaging in a long, resources consuming litigation.

We will focus on Wages & Remuneration in Category One.

Case Video # 1
Are allowances & sales commissions, such as, Line Duty, Ground Duty & Outport Allowance, and Duty-Free Sales Commission of cabin crew part of employees’ wages in their statutory holidays?

Leading Court Case：CATHAY PACIFIC AIRWAYS LIMITED v KWAN SIU WA BECKY & ORS, FACV No.5 of 2012

Case Video # 2
Is Commission part of an employee’s wages? What is the case leading to amendment of Employment Ordinance in Hong Kong in 2007?

Leading Court Case：LISBETH ENTERPRISES LIMITED v MANDY LUK [2006] 9 HKCFAR 131 (The Philip Wain Case)

Case Video # 3
Under what kinds of circumstances would make Bonus not a part of wages?

Court Case：NEW BRIGHT IND CO LTD v WONG SAU CHI, HCLA66/1994

Case Video # 4
Is tips a part of wages – Part I?

Leading Court Case：LAM PIK SHAN v HONG KONG WING ON TRAVEL SERVICE LIMITED, FAMV No. 55 of 2008

Case Video # 5
Is tips a part of wages – Part II?

Court Case：LI SHUK MAN & Ors v HO WAI LING REBECCA t/a WINDSOR SAUNA, HCA 5446/1996

Case Video # 6
Is income from sales of souvenirs to customers collected by the employee part of his/her wages?

Court Case：梁炳泉 對 友佳旅遊（香港）有限公司及另一人 , HCLA 11/2015; Reported in: [2017] 4 HKLRD 436

Case Video # 7
Is bonus from appetizer dishes part of employees’ wages in a restaurant？

Leading Court Case：任銳威及另九人 訴 灣仔新光酒樓有限公司, [2003] 1 HKLRD 793, CACV 1950/2001

Case Video # 8
Is Outport Allowance paid to employees part of their wages?

Court Case：葉國斌 訴 三力電子有限公司 (SAMLEX ELECTRIC COMPANY LIMITED), HCLA 26/1999

 

 

Biography of Trainer:

Lawrence, S.K. Li (LLM Hon) is an experienced professional with a deep knowledge of the Hong Kong and China legal and business landscape, with expertise in areas ranging from labour law, trademark and patent issues, human resources management and business establishment and structuring.

Mr. Li graduated from the University of Hong Kong in 1988 and worked in senior positions of multi-national companies. In 1993, he joined a US apparel giant based in Southern California with a global sourcing infrastructure of more than forty places, China, S.E. Asian, African & Central American countries, all over the world, recording sales of US$5billion during the period. He became Director of Human Resources and shareholder of the US apparel giant’s office in HK in 2001.

He is the founder and former Chairman of the Hong Kong Professional Mediation Association, the Chairman of China-Hong Kong Labor Law Association. He is panel mediator of various organizations and institutions in Hong Kong, including, HKMAAL, HKIAC, Financial Disputes, BMMCO-Judiciary, Insurance Complaints Bureau and Victim Offender Mediation (VOM).

He is also actively involved in organizing and lecturing law courses ranging from Employment Disputes, Harassments, Employment Ordinance, Building Management Ordinance in Hong Kong, and Labour Laws in China. Participants of lectures will find it easy to understand the law issues of the relevant topics as Mr. Li’s lectures are always conducted with lots of useful common law/court cases.

How To Apply:

  1. Choose the course that fits your learning goals.
  2. An order confirmation will be sent to you by email after we received the payment.
  3. The course video links will be sent to you by emails.
  4. Videos are available to replay for 1 month. Take the lessons anywhere you want with your mobile device or computer and start learning!

Important Notes:

Once the order is confirmed and accepted, no return or refund is allowed.  If you have any enquiries, please contact us through Email: info@icademy.com.hk / WhatsApp: (852) 9548 8861