17 May 2004
ELIZABETH HARRINGTON LYNCH v. CAP GEMINI ERNST & YOUNG HONG KONG LTD
- Citation
- ELIZABETH HARRINGTON LYNCH v. CAP GEMINI ERNST & YOUNG HONG KONG LTD
- Court
- Court of First Instance
- Case number
- HCCL61/2002
Court found on the facts that the parties had reached consensus (a contractual obligation to employ the plaintiff for two years subject to PwC consent) but, because the agreement was not evidenced in a signed written contract as required by section 5(2) Employment Ordinance, the contract is statutorily deemed to be one month renewable from month to month and damages are limited to one month's basic salary; the plaintiff's claim for specific performance of a separate collateral promise to produce a written contract was refused for lack of a distinct independent agreement.