OGILVY & MATHER (HONG KONG) PTE LTD v. FRANCIS ST CLAIR MACKENZIE

OGILVY & MATHER (HONG KONG) PTE LTD v. FRANCIS ST CLAIR MACKENZIE

No fixed two-year term was concluded; the court found accommodation provision was a contractual term (supported by a clear company letter), salary deductions for housing deposit, rent and solicitors were improper, plaintiff consented to deduction for the air tickets, the contract was for an indefinite period...

Source-derived case information.

Citation
OGILVY & MATHER (HONG KONG) PTE LTD v. FRANCIS ST CLAIR MACKENZIE
Parties
Plaintiff (action 699); Defendant (action 749): Francis St. Clair Mackenzie; Defendant (action 699); Plaintiff (action 749): Ogilvy & Mather (Hong Kong) Pte. Ltd.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 December 1975
Case Number
HCA749/1975
Procedural Posture
Employment / Contract Dispute (wrongful Dismissal and Lease/accounting of Accommodation) / Judgment (original Jurisdiction)
Outcome
Judgment for plaintiff in Action No.699; judgment for company in Action No.749; costs awarded to plaintiff in Action 699; no order as to costs in Action 749.
Legal Topics
Wrongful Dismissal, Contractual Term (fixed Term Vs. Indefinite), Emoluments and Housing Allowance, Salary Deductions, Notice Period, Damages and Mitigation, Lease Liability and Possession
Source Language
en
Employment Law Contract Law Property Law Equitable Set Off Wrongful Dismissal Contractual Term (fixed Term Vs. Indefinite) Emoluments and Housing Allowance Salary Deductions +3 more

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Parties

Francis St. Clair Mackenzie

Plaintiff (action 699); Defendant (action 749)

Ogilvy & Mather (Hong Kong) Pte. Ltd.

Defendant (action 699); Plaintiff (action 749)

Procedural Posture

Employment / Contract Dispute (wrongful Dismissal and Lease/accounting of Accommodation) / Judgment (original Jurisdiction)

Legal Issues

  1. 1 Whether the employment contract was for a fixed two year term or for an indefinite period
  2. 2 Whether employer provided accommodation constituted a contractual term and whether salary deductions for rent/deposit/solicitors were lawful
  3. 3 Whether employee consented to deduction for return air passages

Ratio Decidendi

No fixed two-year term was concluded; the court found accommodation provision was a contractual term (supported by a clear company letter), salary deductions for housing deposit, rent and solicitors were improper, plaintiff consented to deduction for the air tickets, the contract was for an indefinite period requiring three months' reasonable notice, wrongful dismissal entitled the plaintiff to damages assessed on a three-month mitigation period, and the company's claim for occupation was allowed subject to set-off against the plaintiff's damages resulting in the respective monetary judgments.

Court Disposition

Judgment for plaintiff in Action No.699; judgment for company in Action No.749; costs awarded to plaintiff in Action 699; no order as to costs in Action 749.

Orders

  • Judgment entered in Action No.699 for the plaintiff in the sum of 44463 HKD
  • Judgment entered in Action No.749 for Ogilvy & Mather (Hong Kong) Pte. Ltd. in the sum of 3550.95 HKD