Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Unfair/summary dismissal
  • 25 May 2001

    LI HON MAN AND ANOTHER v. CRYSTAL KNITTERS LTD.

    Citation
    LI HON MAN AND ANOTHER v. CRYSTAL KNITTERS LTD.
    Court
    Court of First Instance
    Case number
    HCA7028/1998

    Judge found on the balance of probabilities that the 1st Plaintiff was not dismissed by reason of redundancy nor summarily dismissed for proven misconduct; his evidence and contemporaneous records supported that he resigned/accepted termination terms and thus he was entitled only to accrued annual leave (HK$21,817) and annual bonus (HK$77,000) but not to notice pay, severance or long service payment. The 2nd Plaintiff was wrongfully dismissed on 31 December 1997 (not permitted to rely on sick‑leave protection s.33(4B) for the asserted claim) and was awarded specific terminal payments: sick‑le…