Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Termination during pregnancy

Legal area

Court

20 Dec 2018

HKSAR v. SKIN TECH MEDICAL CO LTD AND ANOTHER

Citation

[2018] HKCFI 2783
Court

Court of First Instance
Case number

HCMA164/2018

The magistrate validly amended defective summonses under s27 MO without causing injustice; the trial findings that the pregnancy notice was served on 13 February 2017 and that Ms Yu was terminated on 16 February 2017 were supported by credible evidence (including Dr Cheung and the Termination of Employment document P7); the termination did not fall within s9 EO and therefore contravened s15 EO; the credibility determinations were not plainly wrong; accordingly convictions and fines were upheld and appeals dismissed.
27 Jan 2004

SUN MIN v. HONG KONG MING WAH SHIPPING CO LTD

Citation

SUN MIN v. HONG KONG MING WAH SHIPPING CO LTD
Court

Court of First Instance
Case number

HCLA9/2003

The Notices given by the respondent were, in legal effect, notices of termination issued after the appellant had served a pregnancy notice; the respondent therefore terminated her continuous employment in contravention of section 15(1) of the Employment Ordinance, entitling the appellant to the statutory remedies under section 15(2)(b) and (c); questions of severance and Part VIA remedies require remittal to the Labour Tribunal for factual inquiry (redundancy, quantum of terminal payment and compensation).