Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Sick leave protection

Legal area

Court

3 Jan 2024

鍾凱研對 THE GENERAL OF THE SALVATION ARMY

Citation

[2024] HKCFI 50
Court

Court of First Instance
Case number

HCLA16/2023

At the permission stage the court concluded the appellant raised legally arguable points: the tribunal's finding that SQS5 formed part of the employment contract and its conclusion that termination during paid sick leave amounted to dismissal attracting potential s32P compensation were matters of law and fact sufficiently open to challenge; accordingly leave to appeal was granted to allow those contested legal issues to be fully determined on appeal.
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

HCA7028/1998

Judge found on the balance of probabilities that the 1st Plaintiff was not dismissed by reason of redundancy nor summarily dismissed for proven misconduct; his evidence and contemporaneous records supported that he resigned/accepted termination terms and thus he was entitled only to accrued annual leave (HK$21,817) and annual bonus (HK$77,000) but not to notice pay, severance or long service payment. The 2nd Plaintiff was wrongfully dismissed on 31 December 1997 (not permitted to rely on sick‑leave protection s.33(4B) for the asserted claim) and was awarded specific terminal payments: sick‑le…