15 Oct 2021
LAM SIU WAI v. EQUAL OPPORTUNITIES COMMISSION
- Citation
- [2021] HKCFI 3092
- Court
- Court of First Instance
- Case number
- HCLA21/2020
The Court held that the implied duty of mutual trust and confidence cannot be used to qualify or override an employer's express contractual or statutory right to terminate employment without cause by payment in lieu of notice; the Tribunal erred in requiring the employer to prove a 'good and valid' reason for such termination and in awarding damages for the manner of dismissal, and accordingly the appeal was allowed and parts of the Award set aside.