Hong Kong Case Law: Decisions & Judgments

Topic

Employment termination

Legal area

Court

21 Apr 2021

LAM KWOK KAI v. ORIENT VENTURE INVESTMENT LTD AND ANOTHER

Citation

[2021] HKCFI 1183
Court

Court of First Instance
Case number

HCCW419/2019

The petition was struck out because, even treating pleaded facts as true, it failed to allege facts sufficient to engage the court's jurisdiction under s724 or to justify winding-up relief: lawful termination of employment and exclusion from management do not by themselves constitute unfair prejudice absent pleaded agreement or equitable basis (quasi-partnership/legitimate expectation), and complaints about management duties were more appropriately pursued by derivative action; further a winding-up order was not realistically obtainable given the respondents' ability to finance purchase of th…
31 Jan 2019

温志航對保華建築工程有限公司及另一人

Citation

[2019] HKCFI 574
Court

Court of First Instance
Case number

HCME2/2018

The adjudicator correctly applied s7(1A)(a) of the Employment Ordinance: because the seven-day notice period included a weekly unpaid rest day, the employer was only required to pay for six days; the employer had paid HK$8,400 (exceeding the calculated entitlement), and the applicant failed to show any legal error by the adjudicator, so leave to appeal was refused.
9 Aug 2018

WU KA YAN DOROTHY AND ANOTHER v. ULTIMATE PC AND MAC GALLERY LTD

Citation

[2018] HKDC 915
Court

District Court
Case number

DCCJ2681/2015

The court rejected defendants' account that the HK$662,800 was authorised reimbursement for watches gifted by Lung, found by inference that D1, D2 and D3 conspired to misappropriate company funds, held them jointly and severally liable for net damages of HK$157,800, dismissed the counterclaims for loans, found D2 liable for the Japan trip subsidy of HK$8,432, and held that summary dismissal of D1 and D3 was justified; plaintiff awarded costs of the actions but only half of the trial costs, with an adverse costs finding for late discovery.
10 Nov 2015

THIAW DOUDOU BADIANE v. WILLIAM E. CONNOR & ASSOCIATES LTD

Citation

THIAW DOUDOU BADIANE v. WILLIAM E. CONNOR & ASSOCIATES LTD
Court

Court of First Instance
Case number

HCLA37/2015

The Tribunal's factual finding that the Hong Kong Agreement was a sham (or was never performed) was supported by evidence and cannot be impugned; accordingly the claimant was in truth employed by the Mainland company which discharged the relevant termination obligations, and the claimant is not entitled to the termination payments claimed from the defendant.
12 Dec 2014

LAU TIN CHEUNG v. TIANJIN DEVELOPMENT HOLDINGS LTD

Citation

LAU TIN CHEUNG v. TIANJIN DEVELOPMENT HOLDINGS LTD
Court

Court of First Instance
Case number

HCA422/2011

Clause 8 created an express contractual obligation to grant the plaintiff 600,000 share options upon completion of the three month probation; the Share Option Scheme governed procedural matters but was not incorporated so as to leave substantive discretion to refuse grant. The defendant breached that obligation by withholding the grant and plaintiff proved loss; damages assessed by reference to market price on termination date (29 Nov 2010) less the proper subscription price ($2.44) produced an award of $2,046,000 plus interest and costs nisi.
12 Sept 2005

AQUINO CELESTINA VALDEZ v. SO MEI NGOR BETTY

Citation

AQUINO CELESTINA VALDEZ v. SO MEI NGOR BETTY
Court

District Court
Case number

DCEO3/2004

On the proven facts the claimant failed to prove the dismissal or other adverse acts were connected to her disability. Contemporaneous documents and witness credibility established repeated misconduct and unsatisfactory performance which justified dismissal. False and exaggerated allegations by claimant and impugned accusations by respondent's husband did not establish disability as a reason. Claim dismissed for failure to discharge burden of proof.

Hong Kong Case Law

LAM KWOK KAI v. ORIENT VENTURE INVESTMENT LTD AND ANOTHER

温志航 對 保華建築工程有限公司及另一人

WU KA YAN DOROTHY AND ANOTHER v. ULTIMATE PC AND MAC GALLERY LTD

THIAW DOUDOU BADIANE v. WILLIAM E. CONNOR & ASSOCIATES LTD

LAU TIN CHEUNG v. TIANJIN DEVELOPMENT HOLDINGS LTD

AQUINO CELESTINA VALDEZ v. SO MEI NGOR BETTY

温志航對保華建築工程有限公司及另一人