19 May 2023
CUNNINGTON GUILLAUME SERGE CHARLES v. QANTEX CAPITAL MARKETS LTD
- Citation
- [2023] HKCFI 1374
- Court
- Court of First Instance
- Case number
- HCLA13/2022
The appeal is dismissed. The Court upheld the Tribunal's factual and contractual conclusions: the November 2019 emails operated to suspend the operation of the lemon clause for the duration the Claimant remained Responsible Officer, there was no binding new agreement at the June 2020 review to revive the clause, and the Defendant failed to establish on the evidence that the Threshold Amount condition precedent had been validly proved so as to justify the October/November 2020 salary reductions; the unilateral reductions amounted to a repudiatory breach giving rise to constructive dismissal an…