Hong Kong Case Law: Decisions & Judgments

Topic

Wrongful/summary dismissal

Legal area

Court

25 Nov 2024

WOO KWOK PING v. THE INCORPORATED MANAGEMENT COMMITTEE OF TSUEN WAN TRADE ASSOCIATION PRIMARY SCHOOL

Citation

[2024] HKCA 1092
Court

Court of Appeal
Case number

CACV282/2023

Section 55 of the Education Ordinance is mandatory: a principal cannot be removed by the IMC's summary dismissal unless one of the specified events (including Permanent Secretary withdrawal of approval or approval of another principal under s57(2)) has occurred; the 27 July 2013 dismissal was ineffective; the Permanent Secretary's October 2013 correspondence did not lawfully approve another principal under s57(2) because the acting appointment and failure to follow s57A procedures precluded treating Mr Wong as approved principal; accordingly the plaintiff's dismissal was unlawful and she is e…
5 Dec 2006

LAM YAU KUEN v. EASY (HANG FUNG) TRANSPORTATION CO LTD AND ANOTHER

Citation

LAM YAU KUEN v. EASY (HANG FUNG) TRANSPORTATION CO LTD AND ANOTHER
Court

District Court
Case number

DCCJ1/2006

On the factual matrix (control, integration into the defendants' business, provision of equipment, inability to delegate, no risk of profit/loss and limited freedom to take other work), the court found the relationship to be a contract of service; statutory protections applied (s70); dismissal was not a lawful summary dismissal under s9; defendants failed to rebut the s31Q presumption; defendants unlawfully withheld wages; accordingly judgment was entered for the plaintiff for the claimed sum and the counterclaim was dismissed.
11 Nov 1997

SHENZHEN SENTRON HUAYUCHANG ENTERPRISE LIMITED v. TSE YU FAN

Citation

SHENZHEN SENTRON HUAYUCHANG ENTERPRISE LIMITED v. TSE YU FAN
Court

Court of First Instance
Case number

HCA2506/1994

There was no proved oral undertaking prior to 23 October 1992; the Statement of Responsibility signed on 23 October 1992 is clear and only applies to contracts made thereafter; the plaintiff failed to prove breach of fiduciary duty or bad faith by the defendant in relation to the Chi Yuen transactions; summary dismissal was unjustified, entitling the defendant to damages, interest, provident fund accounting and costs.

Hong Kong Case Law

WOO KWOK PING v. THE INCORPORATED MANAGEMENT COMMITTEE OF TSUEN WAN TRADE ASSOCIATION PRIMARY SCHOOL

LAM YAU KUEN v. EASY (HANG FUNG) TRANSPORTATION CO LTD AND ANOTHER

SHENZHEN SENTRON HUAYUCHANG ENTERPRISE LIMITED v. TSE YU FAN