Hong Kong Case Law: Decisions & Judgments

Topic

Fixed‑term contract

Legal area

Court

22 Oct 2024

SUEN HUNG SHAN v. WONG & OUYANG (HK) LTD

Citation

[2024] HKCA 891
Court

Court of Appeal
Case number

CACV427/2023

The Notice of Appeal was struck out because it was plainly misconceived and did not raise any reasonably arguable grounds: the Settlement Agreement was final, the 2nd Employment Agreement was a fixed‑term contract that expired by effluxion of time on 27 July 2020, statutory provisions relied on by the Plaintiff were inapplicable, and the appeal amounted to an abuse of process.
12 Mar 2007

CHUNG CHUN HEI v. SUZUYA INTERNATIONAL (HK) CO LTD

Citation

CHUNG CHUN HEI v. SUZUYA INTERNATIONAL (HK) CO LTD
Court

District Court
Case number

DCCJ6016/2004

Judge preferred Defendant's evidence, held the 2nd Employment Contract fixed the remuneration for two years but did not limit the contract duration to two years; the contract continued beyond 31 March 2004 and the Defendant was constructively dismissed on 16 September 2004, entitling her to payment in lieu of notice, contractual gratuity bonus, accrued annual leave pay and statutory sickness allowance; Plaintiff's claims for recovery were dismissed and costs awarded to Defendant.
12 Mar 2007

SUZUYA INTERNATIONAL (HK) CO LTD v. CHUNG CHUN HEI

Citation

SUZUYA INTERNATIONAL (HK) CO LTD v. CHUNG CHUN HEI
Court

District Court
Case number

DCCJ5251/2004

Judge accepted defendant's evidence and found the 2nd Employment Contract fixed the remuneration package but did not limit the duration of employment to 31 March 2004; employment continued until constructive dismissal on 16 September 2004, entitling the defendant to payment in lieu of notice, gratuity bonus, arrears, sickness allowance and annual leave as calculated; plaintiff's claims dismissed and defendant's counterclaim largely allowed with specified awards and costs.
28 Mar 1989

AHK AIR HONG KONG LTD. v. THOMAS GILLIGAM

Citation

AHK AIR HONG KONG LTD. v. THOMAS GILLIGAM
Court

Court of First Instance
Case number

HCA7/1988

The appointment letter, on its clear terms, created a binding two-year fixed-term contract which ousted the implied term of reasonable notice; nevertheless the employer was entitled to summarily dismiss for cause where the employee's unauthorised acts (appointing an unqualified officer, disclosing the company's full pay structure and allowing unauthorized access to operations documents) amounted to misconduct of sufficient gravity to destroy the requisite trust and confidence; therefore the plaintiff's claim for breach of contract was dismissed and the defendant's admitted loan claim (HK$36,0…
28 Mar 1989

AHK AIR HONG KONG LTD. v. THOMAS GILLIGAM

Citation

AHK AIR HONG KONG LTD. v. THOMAS GILLIGAM
Court

Court of First Instance
Case number

HCA1040/1988

The appointment letter of 26 January 1987 constituted a binding fixed two‑year contract; however the employer retained the right to summarily dismiss for serious misconduct. The plaintiff's unauthorised appointments and disclosures amounted to misconduct undermining the required trust and confidence and justified summary dismissal. Plaintiff's claim for breach of fixed term was dismissed; defendant's admitted loan of HK$36,000 recovered; alleged utility/outgoings not proved and disallowed.

Hong Kong Case Law

SUEN HUNG SHAN v. WONG & OUYANG (HK) LTD

CHUNG CHUN HEI v. SUZUYA INTERNATIONAL (HK) CO LTD

SUZUYA INTERNATIONAL (HK) CO LTD v. CHUNG CHUN HEI

AHK AIR HONG KONG LTD. v. THOMAS GILLIGAM

AHK AIR HONG KONG LTD. v. THOMAS GILLIGAM