NG CHUNG MAN JOE v. REVER EXPRESSION SALON LTD

NG CHUNG MAN JOE v. REVER EXPRESSION SALON LTD

Defendant breached core contractual terms by withholding salary and terminating the Art Director post, constituting fundamental repudiatory breach; Plaintiff accepted repudiation by resigning and was entitled to treat contract as discharged; consequently Defendant could not enforce Clauses 5,6(a)(i)-(iii),10(b) and 11(a) against Plaintiff and the Counterclaim failed; additionally clauses 10(b) and 11(a) are in restraint of trade and void.

Citation
NG CHUNG MAN JOE v. REVER EXPRESSION SALON LTD
Parties
Employee/claimant: Plaintiff; Employer/defendant: Rever (Hennessy Road) Salon Ltd
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
15 December 2004
Case Number
DCCJ600/2004
Procedural Posture
Employment Dispute Transferred From Labour Tribunal to District Court / Judgment After Trial
Outcome
Counterclaim dismissed; Plaintiff awarded judgment on wage claim; Clauses 10(b) and 11(a) void and Defendant cannot recover under them; costs to Plaintiff.
Legal Topics
Wages Arrears, Commission, Constructive Dismissal, Breach of Contract, Restraint of Trade, Training Fee Clause, Client Solicitation, Evidence of Tampering
Source Language
EN
Employment Law Contract Law Labour Law Restraint of Trade Wages Arrears Commission Constructive Dismissal Breach of Contract +3 more

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Parties

Plaintiff

Employee/claimant

Rever (Hennessy Road) Salon Ltd

Employer/defendant

Procedural Posture

Employment Dispute Transferred From Labour Tribunal to District Court / Judgment After Trial

Legal Issues

  1. 1 Whether the Plaintiff failed to fulfil duties as Art Director
  2. 2 Whether the Plaintiff tampered with or caused alteration of client address records
  3. 3 Whether the Defendant unilaterally breached the employment contract (repudiation)

Ratio Decidendi

Defendant breached core contractual terms by withholding salary and terminating the Art Director post, constituting fundamental repudiatory breach; Plaintiff accepted repudiation by resigning and was entitled to treat contract as discharged; consequently Defendant could not enforce Clauses 5,6(a)(i)-(iii),10(b) and 11(a) against Plaintiff and the Counterclaim failed; additionally clauses 10(b) and 11(a) are in restraint of trade and void.

Court Disposition

Counterclaim dismissed; Plaintiff awarded judgment on wage claim; Clauses 10(b) and 11(a) void and Defendant cannot recover under them; costs to Plaintiff.

Orders

  • Counterclaim dismissed with costs of the Counterclaim to the Plaintiff to be taxed if not agreed
  • Judgment entered for the Plaintiff in the sum of $21,000 in respect of item A of the claim