Hong Kong Case Law: Decisions & Judgments

Topic

Notice and payment in lieu

Legal area

Court

29 Feb 2012

CANTOR FITZGERALD (HONG KONG) CAPITAL MARKETS LTD v. UWE HENKE VON PARPART

Citation

CANTOR FITZGERALD (HONG KONG) CAPITAL MARKETS LTD v. UWE HENKE VON PARPART
Court

Court of First Instance
Case number

HCA43/2012

Plaintiff failed to prove concerted procurement or breaches of fiduciary duties; where employment governed by Hong Kong law the Employment Ordinance's mandatory notice/payment provisions apply and determine termination dates; the majority of restrictive covenants were unreasonable in scope or duration and therefore unenforceable; Boyer was bound by the Cash AD and must repay the outstanding balance (with deductions reversed where improperly applied); Ainslie and McGonegal validly made payment in lieu and judgment awarded for those sums; other claims dismissed.
11 May 2011

LEE NGAI MING JACKSON v. QUEST TELECOM LTD AND ANOTHER

Citation

LEE NGAI MING JACKSON v. QUEST TELECOM LTD AND ANOTHER
Court

District Court
Case number

DCCJ2586/2008

On the balance of probabilities the relationship between Mr Lee and QTL after 1 March 2007 was one of employment; the payments labelled as 'loans' were in substance salary/consideration for services and not repayable as personal loans; therefore Mr Lee was entitled to salary arrears, termination pay and reimbursement, QTL was entitled to limited telephone charge recovery, and LST owns the Source Code and is entitled to possession.
2 Jul 2010

NIGEL JONATHAN DEMERY v. CATHAY PACIFIC AIRWAYS LTD

Citation

NIGEL JONATHAN DEMERY v. CATHAY PACIFIC AIRWAYS LTD
Court

Court of First Instance
Case number

HCA1327/2009

The court held that the contractual retirement age of 55 in CoS99 terminated employment by effluxion of time and was not a dismissal; employer practice of offering extensions to others did not create a contractual right or reasonable expectation in the plaintiff without agreement; therefore the pleaded causes of action for breach of contract and under Part IVA Employment Ordinance disclosed no reasonable cause of action and were correctly struck out.
2 Mar 2009

GEORGE CROFTS v. CATHAY PACIFIC AIRWAYS LTD AND ANOTHER

Citation

GEORGE CROFTS v. CATHAY PACIFIC AIRWAYS LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA807/2007

Where the employer's underlying reason for dismissal is alleged misconduct, clause 35.3 cannot be used to bypass the contractual disciplinary and grievance procedures in Appendix 1; the employer must invoke and complete those procedures (with reasonable expedition) before termination takes effect, although once disciplinary procedures are completed the employer may then terminate by giving notice or payment in lieu as permitted by the contract.
29 Oct 2008

KAO LEE & YIP (a firm) v. LAU WING AND ANOTHER

Citation

KAO LEE & YIP (a firm) v. LAU WING AND ANOTHER
Court

Court of Final Appeal
Case number

FACV7/2008

The Court held that section 7 establishes a unilateral mode of termination that either party may operate by undertaking to pay wages in lieu without the other party's consent, and that section 6(2A) is intended to benefit employees and does not invalidate a notice that includes accrued annual leave where the employee elects to apply that leave in the notice period; accordingly the appellant's case failed and the appeal was dismissed.
17 Jun 1997

NEGUS JOHN ALFRED v. TREND TELECOMMUNICATIONS LTD.

Citation

NEGUS JOHN ALFRED v. TREND TELECOMMUNICATIONS LTD.
Court

Court of Appeal
Case number

CACV70/1997

Clause 11 must be construed as not applying during the three month probationary period because to construe it otherwise would nullify clauses providing for probation and confirmation; therefore six months' notice or payment in lieu was not payable for termination within probation and the appeal is dismissed.

Hong Kong Case Law

CANTOR FITZGERALD (HONG KONG) CAPITAL MARKETS LTD v. UWE HENKE VON PARPART

LEE NGAI MING JACKSON v. QUEST TELECOM LTD AND ANOTHER

NIGEL JONATHAN DEMERY v. CATHAY PACIFIC AIRWAYS LTD

GEORGE CROFTS v. CATHAY PACIFIC AIRWAYS LTD AND ANOTHER

KAO LEE & YIP (a firm) v. LAU WING AND ANOTHER

NEGUS JOHN ALFRED v. TREND TELECOMMUNICATIONS LTD.