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

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

No fixed two year term was proved; accommodation was a term of the employment as evidenced by the June 10, 1974 letter and course of conduct so the housing deductions and deposit/solicitors' charges were improper; the contract was for an indefinite period requiring three months reasonable notice; the plaintiff was...

Source-derived case information.

Citation
FRANCIS ST CLAIR MACKENZIE v. OGILVY & MATHER (HONG KONG) PTE LTD
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
HCA699/1975
Procedural Posture
Employment and Contract Dispute Involving Wrongful Dismissal and Lease/possession Claim / Judgment at Trial (supreme Court of Hong Kong, Original Jurisdiction)
Outcome
Judgment for the plaintiff in Action No. 699 in the sum of HKD 44,463; judgment for Ogilvy & Mather in Action No. 749 in the sum of HKD 3,550.95; costs for the plaintiff in Action 699; no order as to costs in Action 749.
Legal Topics
Wrongful Dismissal, Term of Employment, Accommodation/housing Allowance, Salary Deductions, Notice Period, Damages, Possession of Leased Premises
Source Language
en
Employment Law Contract Law Property Law Commercial Law Wrongful Dismissal Term of Employment Accommodation/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 and Contract Dispute Involving Wrongful Dismissal and Lease/possession Claim / Judgment at Trial (supreme Court of Hong Kong, Original Jurisdiction)

Legal Issues

  1. 1 Whether the parties agreed a fixed two year term of employment
  2. 2 Whether employer agreed to provide accommodation as part of emoluments
  3. 3 Whether deductions from plaintiff's salary were lawful and consensual

Ratio Decidendi

No fixed two year term was proved; accommodation was a term of the employment as evidenced by the June 10, 1974 letter and course of conduct so the housing deductions and deposit/solicitors' charges were improper; the contract was for an indefinite period requiring three months reasonable notice; the plaintiff was wrongfully dismissed and entitled to damages calculated on likely return to Australia period with specified offsets; certain unilateral deductions were invalid while the air ticket deduction was held to have been consented to by the plaintiff.

Court Disposition

Judgment for the plaintiff in Action No. 699 in the sum of HKD 44,463; judgment for Ogilvy & Mather in Action No. 749 in the sum of HKD 3,550.95; costs for the 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 HKD 44,463.
  • Judgment entered in Action No. 749 for Ogilvy & Mather (Hong Kong) Pte. Ltd. in the sum of HKD 3,550.95.