26 Apr 1974
YIP WAN-CHIU v. MAGNIFICIENT INDUSTRIAL LTD
- Citation
- YIP WAN-CHIU v. MAGNIFICIENT INDUSTRIAL LTD
- Court
- Court of Appeal
- Case number
- CACV47/1973
The Court held that damages for wrongful dismissal are ordinarily unliquidated; Section 6(1) of the Employment Ordinance does not itself convert common law damages into liquidated damages but provides a statutory option whereby the parties by agreement may terminate employment by payment of a one-month sum, in which case the remedy is contractual (the agreed sum) and questions of mitigation are irrelevant; where no agreement under s.6(1) exists the plaintiff may sue for unliquidated damages and is subject to the duty to mitigate. In this case no s.6(1) agreement was proved and the award of no…