HK company, director fined for failure to release wages, termination pay

An electronic parts and equipment company and its director were found guilty of failing to release the wages and termination payments of two employees under the Employment Ordinance, as well as defaulting on the sums awarded by the Labour Tribunal.

Big Balance Technology failed to pay the employees within 14 days after the expiry of the wage periods and termination of employment, and to release the awarded sum within 14 days of the date specified in the Labour Tribunal award.

The director was convicted for his consent, connivance or neglect in the above offences. Hong Kong’s Labour Department filed the case before Kowloon City Magistrates’ Courts.

The company was fined HK$91,000 and the director HK$78,500. They were also ordered to pay $410,000 to the two employees via the Courts.

"We will continue to make dedicated efforts in enforcing the EO and safeguarding employees' statutory rights," a spokesperson for the Labour Department said.

“The ruling sends 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,” he added.

Company officers will also be liable for the offences if these are committed with their consent, connivance or neglect.

“The LD will bring employers and responsible officers of limited companies in contravention of the law to justice," the spokesperson added.