HK JUDGEMENTS WORTH NOTHING

I WAS WORKING FOR A TEACHING CENTRE IN FANLING FOR A YEAR AND A HALF AND THEN I TOOK MY MATERNITY LEAVE AND AFTER 6 DAYS ON MATERNITY LEAVE I RANG UP TO TO HAVE A CHAT WITH MY BOSS ABOUT HOW I WAS GOING TO GET PAID, ETC HIS WIFE YELLED AT ME AND SWORE ALOT AS WELL AND TOLD ME THAT I DONT NEED TO RETURN AFTER MY LEAVE SO I TOOK THAT AS BEING FIRED, I LATER APPROACHED THE LABOUR DEPARTMENT AND STARTED PROCEEDINGS, WHILE AT COURT THE JUDGE SAID THAT MY EMPLOYER WAS ALREADY AT FAULT BECAUSE HE WAS PAYING EVERYONE AFTER THE 7TH OF EACH MONTH, THEN TOLD US DISCUSS IT AND COME TO AN AGREEMENT, SO WE DID WE WENT BACK INTO THE COURT ROOM THE JUDGE MADE HIS REMARKS, SIGNED THE PAPERS AND THAT WAS IT, HE WOULD THEN PAY THE LABOUR DEPARTMENT BY CHEQUES AND THAT WAS THAT, HOWEVER IT IS NOW AUGUST THAT JUGEMENT WAS MADE ON THE SECOND OF JUNE AND I HAVE NOT RECIEVED ANYTING AND AS FOR THE LABOUR DEPARTMENT THEY DIDNT GIVE ME MUCH HELP

These cases are usually handled by the Labour Tribunal. Do you have a Certificate of Award? This is the next step and then you can call in the bailiffs.


From the LT website:


If the judgment debtor fails to pay, the judgment creditor may apply to the Tribunal for a Certificate of Award. This may be registered in the District Court within 12 months from the date of the award. The judgment creditor may then apply to the District Court for the court bailiff to enforce the judgment. Further information about these services is contained in a booklet available at the Information Counter or General Registry of all courts.

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Also, please turn off the caps. I realise you are 'shouting' but it makes it harder to read.

Well, I have tried that however, in order to get the balifs down there I need to give them a desposit of $6000, but I know for a fact that there isnt much to confiscate,he took all the books and other stuff when he opened up a new centre and yes I have the award certificate, but there is not much i can do, they have told me that I can apply for legal aid or get a lawyer to do it but that stuff takes money, and as for legal aid you really have to be pennyless in order for them to help you

If he hasn't got the money, then no court in the world can get the person to cough up the dough. But he might own property, etc. which can be used for payment. Then again he can declare bankruptcy, which can screw things up for him a little.


Legal aid is not just for the penniless. The Supplementary Legal Aid Scheme provides legal assistance to "the sandwich class" whose financial resources exceed the upper limit allowed under the Ordinary Legal Aid Scheme, but nevertheless cannot afford the cost of court proceedings.


Importantly for your situation, it covers claims under Employees’ Compensation Ordinance irrespective of the amount claimed.


Applicants of the Supplementary Legal Aid Scheme have to pass the means test and the merits test.


• Means test - your financial resources should be above HK$158,300 but not exceeding HK$439,800. You will need to show financial assets (bank statements, value of jewellery, etc.) but if a deposit of $6000 is a barrier you should be ok with the upper limit.


• Merits test - there should be reasonable grounds for taking proceedings. You have a court judgment so shouldn't be a problem.


You can go along to the Legal Aid Dept and discuss the case with someone there.

So the heading "HK JUDGEMENTS WORTH NOTHING" is certainly eye-catching but not exactly a valid statement. Has there been any further developments?