29 Sept 2020
LAM SIN YI SINDY v. LEUNG KING WAI WILLIAM t/a WILLIAM KW LEUNG & CO
- Citation
- [2020] HKCFI 2525
- Court
- Court of First Instance
- Case number
- HCME4/2019
The Board erred in law by failing to consider the entire context and special circumstances surrounding the Whatsapp exchange and by construing the employee's 1:57 message and conduct as an unambiguous resignation; objectively read in context the message was ambiguous and did not amount to resignation; the correct conclusion is that the employee was dismissed and the employer must repay the wrongful deduction of $4,316.67; appeal allowed under s32(1)(a).