Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Damages in lieu of notice

  • 7 Nov 1989

    CHAN YIN PING AND 40 OTHERS v. POME LTD.

    Citation
    CHAN YIN PING AND 40 OTHERS v. POME LTD.
    Court
    Court of First Instance
    Case number
    HCLA18/1989

    Section 8A(1) is compensatory rather than punitive; where an employee has continued to work and been paid wages for the period equal to the statutory notice, those wages must be deducted from the S.8A(1) entitlement to avoid double recovery. Accordingly the Presiding Officer was correct to set off wages paid during the statutory notice month against the one month's damages and the appeal is dismissed.

  • 16 Jan 1986

    MATHILDE LORRAINE VELLA v. MESSRS. ANDERSON, LIU & CHOO

    Citation
    MATHILDE LORRAINE VELLA v. MESSRS. ANDERSON, LIU & CHOO
    Court
    Court of First Instance
    Case number
    HCA2249/1984

    Court found dismissal wrongful: allegations of uncooperativeness were rejected and defamatory statements, insofar as proven, were made only to a senior colleague who treated them responsibly and did not prejudice the firm. Effective exclusion occurred 19 May 1983. Reasonable notice in the circumstances was two months. Plaintiff entitled to two months' salary as damages, arrears of salary for specified periods, interest on arrears at the agreed commercial rate compounded monthly (court treated deferred salary interest at the agreed rate) with interest on the tendered US$3,268 from 20 October 1…