Casenote: Kao, Lee & Yip v Steph Lau and Fion Tsui FACV 7/2008

Written by Cliff on Wednesday 23 April 2014 at 6:47 pm

Court of Final Appeal (!)

Case highlight: Ribeiro PJ lashes out at law firm for taking it out on law-abiding newly qualified lawyers wanting to leave. It’s only 50 paragraphs!

Issues: (1) Whether an employer or employee can unilaterally terminate employment relations. (2) Whether employee can opt to reduce his notice period using annual leave in lieu or simply work more and receive payment for accrued annual leave.

Decided with high degree of certainty that: (1) Either the employer or employee can terminate employment relations unilaterally in accordance with law and contract; and (2) an employee may choose to reduce his notice period using accrued annual leave days, or he may work for the full notice period and receive payment for the accrued annual rest days in accordance with statute. Join the forum discussion on this post – (7) Posts

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