21 Mar 2003
SUN ZHONGGUO v. THE BOC GROUP LTD
- Citation
- SUN ZHONGGUO v. THE BOC GROUP LTD
- Court
- Court of First Instance
- Case number
- HCA4492/2001
Implied terms cannot be used to abrogate or limit the statutory rights conferred by the Employment Ordinance to terminate by notice or by payment in lieu; accordingly the pleaded implied terms purporting to require continuation of employment until expiry of a notice period and to prevent payment in lieu were unarguable and were struck out; further, an employer's motive does not vitiate the lawful exercise of the statutory termination power; claims in negligence and claims that the implied duty of trust and confidence could curtail statutory termination rights were not maintainable in the circ…