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Legal news, views and insight from LexisNexis Hong Kong
In Cheung Chi Wah Patrick, the court held that if an employer is dismissing an employee summarily on the ground of his misconduct, apart from cases of serious neglect of duty or breach of confidence or incompetence, the employer has to show that the employee has demonstrated an intent not to be bound by the essential terms and conditions of his employment contract or has repudiated the contract. As a general rule, an employer is only permitted to summarily terminate employment in the event of the employee’s misconduct being so serious or grave that it amounts to a fundamental rejection of the employee’s contractual obligations.
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