Hong Kong Case Law: Decisions & Judgments

Topic

Terminal payments

Legal area

Court

6 May 2005

SIN BIK YIN v. CARAT JEWELLERY LTD

Citation

SIN BIK YIN v. CARAT JEWELLERY LTD
Court

Court of First Instance
Case number

HCLA49/2004

The court found the dismissal was a summary dismissal for misconduct under section 9; the appellant reported for duty on 8 October and the medical certificate dated 8 October was obtained after dismissal and provided on 9 October, so the day could not be treated as a sick leave day and the continuity required for post-termination sickness allowance did not exist; accordingly claims for sick leave allowance from 9–18 October, extra wages, severance and terminal payments were dismissed.
14 May 2004

THOMAS VINCENT v. SOUTH CHINA MORNING POST PUBLISHERS LTD

Citation

THOMAS VINCENT v. SOUTH CHINA MORNING POST PUBLISHERS LTD
Court

Court of Appeal
Case number

CACV253/2002

Where multiple discrete claims are litigated and the time attributable to successful and unsuccessful claims can be differentiated, the court will exercise its discretion to depart from a single follow-the-event costs order and apportion costs to reflect the time spent; given the novelty of Part VIA claims the court declined to make the Plaintiff bear the Defendant's costs relating to those failed claims and varied the order nisi to apportion costs for appeal and for the action accordingly.
13 Oct 2003

THOMAS VINCENT v. SOUTH CHINA MORNING POST PUBLISHERS LTD

Citation

THOMAS VINCENT v. SOUTH CHINA MORNING POST PUBLISHERS LTD
Court

Court of Appeal
Case number

CACV253/2002

The Court of Appeal held that the employer had proved substance in the dismissal decision by reason of the plaintiff's serious professional misconduct, thereby rebutting the statutory presumption under s.32A(2) by establishing a valid reason under s.32K; the court erred below by applying an additional fairness/'band of reasonable responses' test. Accordingly the awards of terminal payments were set aside. The court affirmed that Clause 8 of the Staff Regulations created a contractual entitlement to the annual bonus once the employer chose to award a bonus for 1998, and upheld the award of $79…

Hong Kong Case Law

SIN BIK YIN v. CARAT JEWELLERY LTD

THOMAS VINCENT v. SOUTH CHINA MORNING POST PUBLISHERS LTD

THOMAS VINCENT v. SOUTH CHINA MORNING POST PUBLISHERS LTD