CHIN KAM MING v. WONG KWAN t/a SUN SING BARBER SHOP

CHIN KAM MING v. WONG KWAN t/a SUN SING BARBER SHOP

The words amounted to a threat accompanied by the act of going to the kitchen where a knife was located; on these facts the misconduct justified summary dismissal and the employer was entitled to dismiss without notice; the Adjudication Officer’s award of one month’s wage in lieu of notice was set aside.

Citation
CHIN KAM MING v. WONG KWAN t/a SUN SING BARBER SHOP
Parties
Respondent/claimant: CHIN KAM MING; Appellant/defendant: WONG KWAN trading as SUN SING BARBER SHOP
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 April 1996
Case Number
HCME10/1995
Procedural Posture
Minor Employment Claim Appeal / Judgment
Outcome
Appeal allowed; Adjudication Officer’s award of one month’s wage in lieu of notice set aside.
Legal Topics
Summary Dismissal, Notice Pay, Misconduct, Threat of Violence, Standard of Reasonable Employer
Source Language
EN
Employment Law Labour Law Contract Law Summary Dismissal Notice Pay Misconduct Threat of Violence Standard of Reasonable Employer

Case Brief

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Parties

CHIN KAM MING

Respondent/claimant

WONG KWAN trading as SUN SING BARBER SHOP

Appellant/defendant

Procedural Posture

Minor Employment Claim Appeal / Judgment

Legal Issues

  1. 1 Whether the worker was entitled to one month’s wage in lieu of notice
  2. 2 Whether a single act of threatening language and relevant conduct justified summary dismissal
  3. 3 Application of the principle in Jupiter General Insurance Co. v. Shroff to the facts

Ratio Decidendi

The words amounted to a threat accompanied by the act of going to the kitchen where a knife was located; on these facts the misconduct justified summary dismissal and the employer was entitled to dismiss without notice; the Adjudication Officer’s award of one month’s wage in lieu of notice was set aside.

Court Disposition

Appeal allowed; Adjudication Officer’s award of one month’s wage in lieu of notice set aside.

Orders

  • Set aside award of one month’s wage in lieu of notice.