Hong Kong Case Law: Decisions & Judgments

Topic

Incorporation of handbook into contract

Legal area

Court

22 Dec 2009

CHONG CHENG LIN COURTNEY v. CATHAY PACIFIC AIRWAYS LTD

Citation

CHONG CHENG LIN COURTNEY v. CATHAY PACIFIC AIRWAYS LTD
Court

Court of First Instance
Case number

HCA898/2007

The RTB provisions in the Staff Benefits Handbook were incorporated into the plaintiff's employment contract by virtue of long consistent application, communication and practice; the plaintiff's termination entitled her to RTB despite not being a summary dismissal; accordingly Cathay was liable to provide specific performance (RTB card and concessional tickets) and to pay proven monetary loss of HK$149,543; costs to follow the event.
21 Sept 2009

WONG TAK CHEUNG AND OTHERS v. OPG HUMAN RESOURCES LTD

Citation

WONG TAK CHEUNG AND OTHERS v. OPG HUMAN RESOURCES LTD
Court

Court of First Instance
Case number

HCLA23/2009

Leave to appeal was refused because the defendant failed to demonstrate any arguable point of law: the Presiding Officer's findings that clause 8.7.2 was not part of most claimants' contracts, that there was no proven divulgence, and that some contacts were authorized are factual conclusions not vitiated by legal error and therefore not properly the subject of leave to appeal.
18 Apr 2007

SUMITRA JAYASENA KELLY v. CATHAY PACIFIC AIRWAYS LTD

Citation

SUMITRA JAYASENA KELLY v. CATHAY PACIFIC AIRWAYS LTD
Court

Court of First Instance
Case number

HCMP2448/2006

Leave to appeal under s35A was rescinded because the required demonstration of a question of law of general public importance was not shown or even reasonably arguable; the identified issues were either questions of contractual construction or findings of inference not amounting to matters of general public importance and therefore the appeal would inevitably fail, justifying rescission of the previously granted leave with costs.
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.

Hong Kong Case Law

CHONG CHENG LIN COURTNEY v. CATHAY PACIFIC AIRWAYS LTD

WONG TAK CHEUNG AND OTHERS v. OPG HUMAN RESOURCES LTD

SUMITRA JAYASENA KELLY v. CATHAY PACIFIC AIRWAYS LTD

KWAN KA MAN BLANCHE v. ESPRIT RETAIL (HONG KONG) LTD