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Check the dismissal date, deadline, contract, warnings, pay records and messages first.
For HKD 10 million of salary, bonus or severance, a careful chronology can change the negotiation.
Preserve lawful evidence, but avoid taking confidential files you should not access.
Use Caira to build a timeline and draft a response checklist.
If an employer in Hong Kong has not paid wages, commission, termination payments, holiday pay, or an agreed sum, the Labour Tribunal may be the forum that turns a messy workplace dispute into a monetary claim. The Hong Kong Judiciary describes the Tribunal as a quick, informal, and inexpensive way to settle monetary disputes between employees and employers. It also makes an important point that surprises many claimants: legal representation is not allowed, so parties usually conduct the case themselves.
That does not mean preparation is casual. It means the claim must be clear enough for a tribunal officer, presiding officer, and employer to understand without a Caira translating the story. The Labour Department's Concise Guide to the Employment Ordinance is the official benefits reference point. The Judiciary Labour Tribunal pages and forms explain the filing route.
Confirm The Claim Belongs In The Labour Tribunal
The Labour Tribunal deals with employment-related monetary disputes. Some smaller claims may belong to the Minor Employment Claims Adjudication Board instead, and some disputes may need another court or statutory route. Before filing, check the amount claimed, number of claimants, identity of the employer, and whether the claim is really about money due under employment law or contract.
Common Labour Tribunal wage files include:
unpaid monthly wages or daily wages;
commission, bonus, or incentive pay that is contractual or sufficiently evidenced;
payment in lieu of notice;
untaken annual leave pay, statutory holiday pay, or rest day issues with a monetary claim;
end-of-year payment, severance payment, or long service payment where legally due;
amounts awarded or agreed but still unpaid.
Commission claims need special care. A salesperson may feel commission is obviously earned, but the Tribunal will want the contract, commission plan, sales records, approval process, clawback terms, and payment history.
Prepare The Evidence Before The Appointment
The Judiciary's Labour Tribunal filing materials emphasise practical details such as correct party names and addresses. If the employer is a limited company, use the registered office and proper company name. A trading name, WhatsApp nickname, shop sign, or manager's personal name may not be enough. A P.O. Box is not a practical service address.
Build a single evidence bundle in date order:
employment contract, offer letter, staff handbook, and later variation letters;
pay slips, bank statements, MPF records, tax forms, and payroll messages;
rosters, attendance records, leave records, sales reports, and commission statements;
termination letter, resignation letter, notice calculation, and final payment statement;
messages where the employer admits delay, promises payment, disputes the amount, or gives reasons for non-payment;
your calculation table showing each item claimed and the legal or contractual basis.
The calculation table is the heart of the case. Do not file only a total. Break the claim into lines: unpaid salary for specific dates, commission for named transactions, payment in lieu of notice, leave pay, severance or long service payment, and any admitted amount. If you are unsure about a statutory calculation, use the Labour Department materials as a reference and identify the assumption you used.
Bilingual Wage Demand And Chronology
A short demand before filing can clarify whether the employer really disputes the claim. Keep it factual and preserve the right to file.
English: Please pay the outstanding wages and termination payments listed below by [date]. If you dispute any item, please provide your calculation and supporting documents.
中文：請於[日期]或之前支付以下拖欠工資及離職款項。如不同意任何項目，請提供貴公司的計算方法及證明文件。
Chronology: 入職日期 / last working day / wage period / payment due date / amount paid / amount outstanding / evidence.
This is not a threat script. It is a record-making tool. If the employer replies with a different calculation, include that reply in your bundle and explain where the difference lies.
What Happens After Filing
After a claim is filed, the employer may admit, partially admit, dispute, counterclaim, ignore the claim, or ask for time to pay. You should be ready to explain the claim at call-over and at any later hearing. Because legal representation is generally not allowed, your documents must do much of the work. Bring originals where available, plus copies arranged in the same order as your calculation table.
Do not exaggerate the claim to create pressure. Overclaiming can distract from strong items and may make settlement harder. Equally, do not drop a real statutory entitlement just because the employer says the company has no cash.
Correct employer name and service address confirmed.
Labour Department referral or conciliation details available, if applicable.
Claim amount broken down by category and date.
Contract, payroll, attendance, and termination documents copied.
Chinese and English messages translated or summarised where needed.
Settlement offers and admissions saved.
Calendar cleared for Tribunal appointment and hearing dates.
But a clean, evidence-led claim gives the Tribunal a workable file and gives the employer less room to hide a simple wage dispute inside confusion.
Sources
Labour Department
Labour Tribunal
Hong Kong e-Legislation: Employment Ordinance
This article is general information, not legal, financial, medical or tax advice.
