17 May 2004
ELIZABETH HARRINGTON v. CAP GEMINI ERNST & YOUNG HONG KONG LTD
- Citation
- ELIZABETH HARRINGTON v. CAP GEMINI ERNST & YOUNG HONG KONG LTD
- Court
- Court of First Instance
- Case number
- HCCL10/2002
Court found on the balance of probabilities that parties reached consensus ad idem by the March 22/23 telephone call such that an oral binding obligation to employ the plaintiff for two years (conditional on PwC consent) arose; however, because the Employment Ordinance s5(2) deems an oral fixed-term employment contract to be month-to-month in the absence of a written signed contract, the contract is deemed month-to-month for statutory purposes and damages are limited to one month's basic salary; the plaintiff failed to prove a separate enforceable promise to sign a written contract and so spe…