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A director and a manager of New Jade Roasted Goose & Seafood Restaurant Limited were each sentenced at the Eastern Magistrates' Courts today (February 22) to 160 hours' community service for wage offences under the Employment Ordinance. They were also ordered to clear the outstanding wages via the court. The prosecution was launched by the Labour Department.
A spokesman for the Labour Department said that the judgment would send a strong message to directors or responsible persons of limited companies that they had personal responsibility to ensure that wages were paid to employees in accordance with the Employment Ordinance.
"Including this case, three directors or responsible persons of limited companies have been sentenced to community service this year for committing wage offences. Employers should not defy the law," the spokesman said.
The restaurant ceased operation suddenly in late June last year. Upon termination of employment, the seven employees involved in this case were owed wages totalling over $124,000. The employees obtained an ex-parte award from the Labour Tribunal in favour of their claims but the company did not comply to make payment. The Labour Department investigated the case and evidence showed that the wage offences were committed with the consent, connivance or neglect of the director and manager.
According to sections 23 and 25 of the Employment Ordinance, wages due upon expiry of the last day of the wage period or upon termination of employment shall be paid as soon as practicable, but not later than seven days. Any employer who fails to do so wilfully and without reasonable excuse commits an offence.
In addition, section 64B of the ordinance stipulates that where any wage payment offence committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, they shall be guilty of a like offence. Offenders are liable to prosecution and, upon conviction, to a maximum penalty of a fine of $350,000 and imprisonment for three years.
"The Labour Department does not tolerate wage offences and spares no effort in prosecuting employers and directors or responsible persons of limited companies who defy the law," the spokesman said.
Employees who are owed wages should call the Labour Department's complaint hotline, 2815 2200, immediately.
Ends/Monday, February 22, 2010
Issued at HKT 18:29
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