Lai Foon Yung
Westlaw HK Delivery Summary
Request made by : POLYU_IP 1
Request made on: Tuesday, 24 September, 2013 at 14:59 HKT Content Type: Cases
Title : LAI FOON-YUNG v TIN SUM VALLEY PUBLIC PRIMARY SCHOOL
Delivery selection: Current Document
Number of documents delivered: 1
Sweet & Maxwell is part of Thomson Reuters. © 2013 Thomson Reuters Hong Kong Ltd.
LAI FOON-YUNG v TIN SUM VALLEY PUBLIC PRIMARY SCHOOL
1 July 1985
High Court
HC
(High Court) (Labour Tribunal Appeal No.7 of 1985)
Citations: [1986] HKLR 128
Presiding Judges: Hunter, J.
Phrases: Employment - damages for wrongful dismissal - measure to be applied.
Facts: This was an appeal from the decision of the Presiding Officer of the Labour Tribunal awarding damages of one month's salary on a claim for wrongful dismissal. In his decision the Presiding Officer had relied on s. 7(1) of the Employment Ordinance (Cap. 57). The Employment Agreement provided for employment for one school year, whereas the conditions of service provided for a probationary period of two years. There was provision for termination by the teacher by one month's notice during the probationary period an by three months' notice thereafter, whereas the provision for termination by the school first of all referred to unsatisfactory service and verbal and written warnings but concluded:-
"Where it is considered necessary to terminate a teacher's appointment for reason other than unsatisfactory service, the foregoing periods of notice should apply."
Held:
1. The provision for a two-year probationary period in the conditions of service did not convert the contract for one year into a contract for two years.
2. Following the Common Law principle, the claimant was limited to one month' salary by way of damages, that being the period of notice under her contract. Section 7(1) of the Employment Ordinance is a statutory re-enactment of the Common La principle. (Gunton v. the London Borough of Richmond-upon-Thames applied.)
Request made by : POLYU_IP 1
Request made on: Tuesday, 24 September, 2013 at 14:59 HKT Content Type: Cases
Title : LAI FOON-YUNG v TIN SUM VALLEY PUBLIC PRIMARY SCHOOL
Delivery selection: Current Document
Number of documents delivered: 1
Sweet & Maxwell is part of Thomson Reuters. © 2013 Thomson Reuters Hong Kong Ltd.
LAI FOON-YUNG v TIN SUM VALLEY PUBLIC PRIMARY SCHOOL
1 July 1985
High Court
HC
(High Court) (Labour Tribunal Appeal No.7 of 1985)
Citations: [1986] HKLR 128
Presiding Judges: Hunter, J.
Phrases: Employment - damages for wrongful dismissal - measure to be applied.
Facts: This was an appeal from the decision of the Presiding Officer of the Labour Tribunal awarding damages of one month's salary on a claim for wrongful dismissal. In his decision the Presiding Officer had relied on s. 7(1) of the Employment Ordinance (Cap. 57). The Employment Agreement provided for employment for one school year, whereas the conditions of service provided for a probationary period of two years. There was provision for termination by the teacher by one month's notice during the probationary period an by three months' notice thereafter, whereas the provision for termination by the school first of all referred to unsatisfactory service and verbal and written warnings but concluded:-
"Where it is considered necessary to terminate a teacher's appointment for reason other than unsatisfactory service, the foregoing periods of notice should apply."
Held:
1. The provision for a two-year probationary period in the conditions of service did not convert the contract for one year into a contract for two years.
2. Following the Common Law principle, the claimant was limited to one month' salary by way of damages, that being the period of notice under her contract. Section 7(1) of the Employment Ordinance is a statutory re-enactment of the Common La principle. (Gunton v. the London Borough of Richmond-upon-Thames applied.)