26 Feb 2021
李玉鳳 對 添福餐飲食品發展有限公司
- Citation
- [2021] HKCFI 412
- Court
- Court of First Instance
- Case number
- HCME1/2020
The Court held that the Employment Ordinance s6(1) applies and that where a contract is non-continuous and silent on notice a reasonable notice period is required; the length of reasonable notice is a question of fact to be determined having regard to the nature of the contract, industry practice and the circumstances. The arbitration failed to make necessary factual findings on whether the respondent was entitled to summary dismissal and whether the notice given was reasonable, therefore the claim must be remitted for rehearing by another adjudicator.