15 Jul 2004
KWAN KA MAN BLANCHE v. ESPRIT RETAIL (HONG KONG) LTD
- Citation
- KWAN KA MAN BLANCHE v. ESPRIT RETAIL (HONG KONG) LTD
- Court
- Court of First Instance
- Case number
- HCLA160/2003
The engagement letter did not contain all contractual terms; evidence of the interview and company practice/handbook showed the $7,000 target bonus was a contractual entitlement incorporated into the contract; Clause 3 of the engagement letter and the handbook did not clearly reserve a power to vary the bonus formula; therefore the Defendant had no contractual discretion to unilaterally alter the target bonus and the Presiding Officer's finding of constructive dismissal and the award were upheld.