Question
Kelvin is a machine operator at a vehicle repair factory and has been working for the factory for 4 years. He works 6 days in
Kelvin is a machine operator at a vehicle repair factory and has been working for the factory for 4 years. He works 6 days in a week.
Yesterday morning, during a routine operation, parts of a hoisting machine got loose and fell on Kelvin before fallen on the ground and broken. Kelvin suffered from minor injury and was sent to hospital for medical attention. He was granted seven days leave by the doctor. The broken parts also had to be replaced, with an estimated cost of HK$90,000.
Anthony, Kelvins supervisor, was told by other colleagues that Kelvin and a number of his team mates were out the previous night for a birthday celebration party. Anthony also recalled that Kelvin looked tired yesterday morning when he came to work. Anthony considered that although the incident looks like an accident, it was more because Kelvin did not have enough rest the night before and was also careless at work. He therefore suggested to the factorys senior management to suspend Kelvins Statutory Holiday pay on 1st October 2020 as a punishment for his careless and also, to recover the cost of replacing the broken machine parts by deducting Kelvins salary for the next three months (Kelvins monthly salary is $30,000).
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Support your views by providing the relevant employment laws regarding the suspension of Kelvins holiday pay on 1st October 2020 and the deduction of Kelvins wages to recover the replacement cost of the broken machine parts.
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