Hong Kong Case Law: Decisions & Judgments

Topic

Breach of implied term of trust and confidence

Legal area

Court

25 Aug 2022

SINGH BALJIT v. FORWARD & CO. LAWYERS

Citation

[2022] HKCA 1209
Court

Court of Appeal
Case number

CACV42/2022

The claim, on its true substance, is a monetary claim arising from termination of employment and thus falls within the exclusive jurisdiction of the Labour Tribunal; the Statement of Claim fails to plead any real tort or statutory cause of action that would oust that jurisdiction and the Reply cannot cure those pleading defects, so the strike‑out and dismissal were correctly ordered.
19 Jan 2017

WALIYAH v. YIP HOI SUN TERENCE AND ANOTHER

Citation

WALIYAH v. YIP HOI SUN TERENCE AND ANOTHER
Court

District Court
Case number

DCEO1/2015

Judge found as fact that R2 acted as R1's agent in supervising and directing the domestic helper; R2 committed sex discrimination by asking the claimant to urinate into a potty for a pregnancy test and R1 is vicariously liable under SDO; R1 personally committed pregnancy discrimination by making the claimant sign a termination notice and by requiring her to leave before notice expiry, amounting to breach of implied trust and confidence, breach of Employment Ordinance pregnancy protections and unlawful dismissal; R2 was not liable for the dismissal as there was insufficient proof she induced o…
24 Mar 2010

CHANG KING LEUNG v. BETTER HONG KONG MOVEMENT ASSOCIATION LTD

Citation

CHANG KING LEUNG v. BETTER HONG KONG MOVEMENT ASSOCIATION LTD
Court

Court of First Instance
Case number

HCLA16/2009

The court held that the words "I am pissed off" in the factual context were an expression of anger and disappointment, not an instruction to leave; objectively the comment did not amount to abusive language or a repudiatory breach of the contract nor a breach of the implied term of trust and confidence, and therefore the appeal for constructive dismissal failed.
28 Apr 2004

SAMULDE MA VIOLETA CABAYA v. KWAN SO HAN SANDY

Citation

SAMULDE MA VIOLETA CABAYA v. KWAN SO HAN SANDY
Court

Court of First Instance
Case number

HCLA93/2003

The court held that the Labour Tribunal has jurisdiction to hear monetary claims falling within its Schedule including claims for unliquidated damages that are quantified in practice; however, on the facts the appellant's pleaded conduct did not objectively amount to conduct calculated to destroy or seriously damage the mutual trust and confidence and the claim for $77,070 lacked merit, so the appeal was dismissed.
18 Oct 2001

OLIVA FERNANDEZ IBARRA v. TAM SO KING

Citation

OLIVA FERNANDEZ IBARRA v. TAM SO KING
Court

District Court
Case number

DCCJ18165/1999

The court rejected the plaintiff's evidence as not credible and, on the balance of probabilities, found she failed to prove she worked regularly in two households or that she was summarily dismissed; the contract was terminated by mutual consent and monies due were paid; claim dismissed and costs awarded to defendant.

Hong Kong Case Law

SINGH BALJIT v. FORWARD & CO. LAWYERS

WALIYAH v. YIP HOI SUN TERENCE AND ANOTHER

CHANG KING LEUNG v. BETTER HONG KONG MOVEMENT ASSOCIATION LTD

SAMULDE MA VIOLETA CABAYA v. KWAN SO HAN SANDY

OLIVA FERNANDEZ IBARRA v. TAM SO KING