Hong Kong Case Law: Decisions & Judgments

Topic

Implied term of mutual trust and confidence

Legal area

Court

8 Jul 2024

TEMPOROSA, MA. CARLA ARANGOTE, THE EXECUTRIX OF THE ESTATE OF GUTING, JOAN SARMIENTO, DECEASED v. CHOY CHIU YEE RITA

Citation

[2024] HKDC 747
Court

District Court
Case number

DCCJ3408/2020

On the balance of probabilities the court found the decision to dismiss was made on 13 February 2017 for reasons of unsatisfactory performance and conduct (including discovery of provocative photos), that the decision predated knowledge of illness and any adverse treatment was not shown to be on account of the applicant's disability; contemporaneous evidence (WhatsApp, CCTV, audio) supported respondent's account; 30 April 2017 was the employee's rest day and not a sickness day so s33(4B) did not apply; hearsay statements of the deceased and friends were of limited weight; accordingly no discr…
2 Apr 2024

HAVEAUX XAVIER MARIE GHISLAIN v. HONG KONG EXPRESS AIRWAYS LTD

Citation

[2024] HKCFI 712
Court

Court of First Instance
Case number

HCA1631/2021

The application for leave to adduce expert evidence was refused because the proposed expert report was not necessary or likely to assist the Court in resolving the legal issues arising from termination, which were governed by the contract and the Employment Ordinance; Order 41A does not permit the Court to conduct a preliminary truth-finding review of documentary evidence; and the statutory protection relied on (s72B) did not apply to the plaintiff's approach to CAD. The plaintiff's grounds did not disclose a reasonably arguable legal error warranting leave to appeal.
15 Oct 2021

LAM SIU WAI v. EQUAL OPPORTUNITIES COMMISSION

Citation

[2021] HKCFI 3092
Court

Court of First Instance
Case number

HCLA21/2020

The Court held that the implied duty of mutual trust and confidence cannot be used to qualify or override an employer's express contractual or statutory right to terminate employment without cause by payment in lieu of notice; the Tribunal erred in requiring the employer to prove a 'good and valid' reason for such termination and in awarding damages for the manner of dismissal, and accordingly the appeal was allowed and parts of the Award set aside.
28 Sept 2016

TADJUDIN SUNNY v. BANK OF AMERICA, NATIONAL ASSOCIATION

Citation

TADJUDIN SUNNY v. BANK OF AMERICA, NATIONAL ASSOCIATION
Court

Court of Appeal
Case number

CACV12/2015

The application for leave to appeal to the Court of Final Appeal was dismissed. Leave was refused on each question because the points were either new and not raised at trial or on the intermediate appeal, previously refused interlocutory rulings could not be re-opened, the questions were predominantly fact-sensitive and not of great general or public importance, or established authority requires evidence to depart from conventional positions (notably for pre-judgment interest per Komala Deccof). No exceptional circumstances justified granting leave.
18 Jul 2000

EVELYN SEMANA BACHICHA v. POON SHIU MAN HENRY

Citation

EVELYN SEMANA BACHICHA v. POON SHIU MAN HENRY
Court

Court of Appeal
Case number

CACV55/2000

The Court set aside the conciliation compromise as an unconscionable bargain entered into by a vulnerable employee under a material misunderstanding promoted by employer assertions and flawed conciliator advice; it held the employer breached the implied mutual trust and confidence in addition to effecting constructive dismissal and therefore the correct measure was loss of a chance of alternative employment (discounted), reducing the constructive dismissal quantum to HK$17,370; costs below were to be taxed and plaintiff awarded 75% of appeal costs.
10 Sept 1999

Evelyn Semana Bachicha v. Poon Shiu Man Henry

Citation

Evelyn Semana Bachicha v. Poon Shiu Man Henry
Court

District Court
Case number

DCCJ1546/1999

Court accepted plaintiff's evidence, found employer (through wife as agent) breached express contract terms (clause 3 and clause 6) and the implied term of trust and confidence, that plaintiff accepted repudiation on 8 Sept 1998 and was constructively dismissed, and awarded damages for loss of earnings (including continuing financial loss), unpaid wages and reimbursements as quantified by the Court.

Hong Kong Case Law

TEMPOROSA, MA. CARLA ARANGOTE, THE EXECUTRIX OF THE ESTATE OF GUTING, JOAN SARMIENTO, DECEASED v. CHOY CHIU YEE RITA

HAVEAUX XAVIER MARIE GHISLAIN v. HONG KONG EXPRESS AIRWAYS LTD

LAM SIU WAI v. EQUAL OPPORTUNITIES COMMISSION

TADJUDIN SUNNY v. BANK OF AMERICA, NATIONAL ASSOCIATION

EVELYN SEMANA BACHICHA v. POON SHIU MAN HENRY

Evelyn Semana Bachicha v. Poon Shiu Man Henry