LAW TING PONG SECONDARY SCHOOL v. CHEN WAI WAH

LAW TING PONG SECONDARY SCHOOL v. CHEN WAI WAH

Terms contained in the Letter of Acceptance did not form part of the contract because they were not included in the respondent's original offer; the Offer of Appointment incorporated only the Conditions of Service which fixed the employment start date as 1 September 2017, therefore the employment did not commence on 17 July 2017 and the appellant was not liable for payment in lieu of notice; appeal allowed and claim dismissed.

Citation
[2019] HKCFI 2236
Parties
Claimant/respondent: Law Ting Pong Secondary School; Defendant/appellant: Defendant/Appellant (teacher)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 September 2019
Case Number
HCLA22/2018
Procedural Posture
Labour Tribunal Appeal (high Court Appeal on Points of Law) / Appeal From Labour Tribunal Decision
Outcome
Appeal allowed; order of Presiding Officer set aside; respondent's claim dismissed.
Legal Topics
Contract Formation, Offer and Acceptance, Contract Interpretation, Termination and Notice, Penalty Clause, Remedies
Source Language
EN
Employment Law Contract Law Contract Formation Offer and Acceptance Contract Interpretation Termination and Notice Penalty Clause Remedies

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Parties

Law Ting Pong Secondary School

Claimant/respondent

Defendant/Appellant (teacher)

Defendant/appellant

Procedural Posture

Labour Tribunal Appeal (high Court Appeal on Points of Law) / Appeal From Labour Tribunal Decision

Legal Issues

  1. 1 Whether terms in the Letter of Acceptance formed part of the Teacher Employment Contract
  2. 2 Whether the employment commenced immediately on 17 July 2017 or on 1 September 2017
  3. 3 Whether the Termination Clause (payment in lieu of notice) was enforceable or a penalty

Ratio Decidendi

Terms contained in the Letter of Acceptance did not form part of the contract because they were not included in the respondent's original offer; the Offer of Appointment incorporated only the Conditions of Service which fixed the employment start date as 1 September 2017, therefore the employment did not commence on 17 July 2017 and the appellant was not liable for payment in lieu of notice; appeal allowed and claim dismissed.

Court Disposition

Appeal allowed; order of Presiding Officer set aside; respondent's claim dismissed.

Orders

  • Order of the Presiding Officer dated 24 September 2018 set aside
  • Respondent's claim against the appellant dismissed