Big Balance Technology Limited and its director were prosecuted by the Labour Department (LD) for failing to pay two employees wages and termination payments under the Employment Ordinance (EO), and defaulting on the sums awarded by the Labour Tribunal (LT). The defendants pleaded guilty today (December 18) at Kowloon City Magistrates' Courts. The company was fined a total of $91,000 while the director was fined a total of $78,500. The company and its director were also ordered to pay a sum of about $410,000 via the Courts to the two employees.

     The company failed to pay wages, payment in lieu of notice and annual leave pay to two employees within seven days after the expiry of the wage periods and termination of employment, as required by the EO. The company also failed to pay these two employees the awarded sum of about $410,000 in total within 14 days after the payment date specified in the LT award. The director was convicted for his consent, connivance or neglect in the above offences.  

     "The ruling helps disseminate a strong message to all employers and responsible officers of limited companies that they have to pay wages and termination payments to employees within the time limit in accordance with the EO as well as the awarded sums according to the terms of the awards issued by the LT. Failure to effect payment of wages as required by the EO and default on awarded sums ordered by the LT or the Minor Employment Claims Adjudication Board are serious offences. We will continue to make dedicated efforts in enforcing the EO and safeguarding employees' statutory rights," a spokesman for the LD said.

     "If the above offences are committed with the consent, connivance or neglect of the responsible officers of a company, such officers will be liable for the offences alike. The LD will bring employers and responsible officers of limited companies in contravention of the law to justice," the spokesman added.

Ends/Monday, December 18, 2017
Issued at HKT 19:36

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