Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Probationary period

Legal area

Court

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.
1 Mar 1996

CHENG CHEN SING v. ARNBERGER, KIM, BUXBAUM & CHOY

Citation

CHENG CHEN SING v. ARNBERGER, KIM, BUXBAUM & CHOY
Court

Court of First Instance
Case number

HCLA170/1995

The probationary period was measured in working days (excluding Sundays) and had not expired on 30 January 1995, so the contract allowed only 14 days' notice; the appellant's unilateral failure to return to work was unjustified; approximately 1,300 minutes (about 3 days) of overtime already worked should be treated as compensatory time off and set off against the 14-day notice, reducing the respondent's counterclaim accordingly; net award adjusted to reflect that set-off.