Tag Archives: summary dismissal

Hong Kong: When can an employer dismiss summarily?

Employers have a range of options at their disposal for dealing with disciplinary matters, from informal verbal warnings through to summary dismissal (i.e. dismissal without notice or payment in lieu). Summary dismissal is not something which should be taken lightly, … Continue reading

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Filed under Jurisdiction: Asia, Termination of employment

Australia: Court of Appeal reconsiders summary dismissal clause in Bartlett v ANZ

In brief The Court of Appeal of New South Wales in Bartlett v Australia & New Zealand Banking Group Ltd [2016] NSWCA 30 has upheld an appeal by an employee for damages for breach of contract, finding that he was … Continue reading

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Filed under Jurisdiction: Australia, Termination of employment, Terms of employment contracts

UK: Termination – employers can rely on historic repudiatory breach to dismiss summarily on discovery of the breach

Employers may be able to dismiss summarily and defeat a wrongful dismissal claim if they discover a repudiatory breach by the employee, even where the breach occurred several years prior to its discovery and is only discovered by the employer … Continue reading

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Filed under Jurisdiction: UK, Termination of employment, Terms of employment contracts

Australia: Carefully crafted contract allows for easier summary dismissal

Recent case law has highlighted the evidentiary difficulties frequently faced by employers in summarily dismissing employees. For instance, in two recent decisions1 an employer was ordered to pay compensation to two employees who had been summarily dismissed for allegedly forcing … Continue reading

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Filed under Jurisdiction: Australia, Termination of employment, Terms of employment contracts

UK: Contracts – need for clear drafting on summary dismissal and flexi-hours

Two recent cases have highlighted the importance of clear drafting in employment contracts. In Robert Bates Wrekin Landscapes v Knight the contract contained a provision allowing for summary dismissal for breach of a customer's security rules. The EAT ruled that … Continue reading

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Filed under Jurisdiction: UK, Termination of employment, Terms of employment contracts

Hong Kong: The law relating to termination of employment contracts

Subject to certain exceptions, employers and employees in Hong Kong may terminate their employment relationship by providing the other with requisite notice of the termination, or by making a payment in lieu of such notice. Any decision to dismiss an … Continue reading

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Filed under Jurisdiction: Asia, Termination of employment

Hong Kong: Employers must be well primed before saying ‘you’re fired’

Given the absence in Hong Kong of an unfair dismissal regime similar to that which exists, for example, in the UK and Australia, the termination of an employment contract in Hong Kong is considered by many to be relatively straightforward. … Continue reading

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Filed under Jurisdiction: Asia, Termination of employment

UK: Termination – effective from date resignation letter received at employer

Where an employee sends a letter resigning with immediate effect, the effective date of termination (for calculating tribunal claims limits and qualifying service) is the date on which the information is communicated to the employer. This will be the date on … Continue reading

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Filed under Jurisdiction: UK, Termination of employment