Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Sick leave protections

  • 25 May 2001

    LI HON MAN AND ANOTHER v. CRYSTAL KNITTERS LTD.

    Citation
    LI HON MAN AND ANOTHER v. CRYSTAL KNITTERS LTD.
    Court
    Court of First Instance
    Case number
    HCA5524/1998

    On the balance of probabilities the court found the contemporaneous documents and surrounding circumstances did not establish redundancy or summary dismissal for misconduct by the Defendant in respect of the First Plaintiff, so First Plaintiff was not entitled to notice or severance; the Second Plaintiff was wrongfully dismissed and entitled to terminal payments under s.32O and specified statutory entitlements; the Defendant failed to prove its counterclaim allegations of wrongful possession, tampering or IP infringement and so the claimed damages were not awarded but certain company property…

  • 25 May 2001

    LI HON MAN AND ANOTHER v. CRYSTAL KNITTERS LTD.

    Citation
    LI HON MAN AND ANOTHER v. CRYSTAL KNITTERS LTD.
    Court
    Court of First Instance
    Case number
    HCA9169/1998

    Court found on balance of probabilities that the 1st Plaintiff's employment was terminated by agreement to resign (not redundancy) and thus he was entitled only to accrued annual leave pay and conceded annual bonus; he was not entitled to payment in lieu of notice, severance or long service payment and not entitled to claim unreasonable dismissal. The 2nd Plaintiff was wrongfully dismissed on 31 December 1997 (the dismissal was not justified as summary dismissal nor redundancy); statutory sick‑day protection did not afford the claimed s.33(4BA)(b) payment but she was entitled to terminal paym…