The Labour Tribunal exercised such power under the new section
30 in the recent case of Lam Che Fu v. The Chinese Kitchen (Sai
Kung) Ltd HCLA 16/2015. The employee claimed overtime pay from
his employer. During the hearing, the Tribunal ordered the employee
to pay a sum of HK$14,452 into the Tribunal as security for payment
of an award (which was to be paid within 7 days).
The employee then applied to the High Court for leave to appeal
against this order on the ground that there was an error of law and
the Tribunal had wrongly made the order for the security
In rejecting the leave application, the High Court confirmed
that it was "just and expedient" for the Tribunal to
order security payment in the circumstances where:
1. the employee failed to substantiate his claim for overtime
pay by providing evidence of his claim for wages in arrears and had
not raised his complaint to his employer prior to his cessation of
2. the employee's case was inconsistent and not
In short, the employee did not have a strong claim.
Employers are not entirely helpless against unmeritorious claims
made against them in the Labour Tribunal. In appropriate
circumstances, (if not raised by the Presiding Officer) an employer
should consider asking for a security payment under section 30 of
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issues and developments of interest. The foregoing is not a
comprehensive treatment of the subject matter covered and is not
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