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  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:  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,  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