30 Sept 2019
XU YI JUN v. GF CAPITAL (HONG KONG) LTD
- Citation
- [2019] HKCFI 2410
- Court
- Court of First Instance
- Case number
- HCA2563/2017
The court upheld the Master’s determinations: Clause 6 must be construed so that the forfeiture in the final sentence applies only if the relevant event (voluntary termination without cause or a finding of gross misconduct) occurs before the Due Date; the 2016 Guaranteed Bonus is a statutory end of year payment and the forfeiture provision is void under section 70 of the Employment Ordinance; however defendant has raised an arguable equitable set-off defence so it is entitled to unconditional leave to defend; both parties' appeals dismissed and no costs ordered.