There are many ways in which a contract of employment can be terminated by either employer or employee. These include termination by agreement when the parties mutually agree to bring the contract to an end, and by notice pursuant to the terms of the contract either expressed or implied as a matter of common law or by the Employment Ordinance.
The course on Summary Dismissal will concern itself with the termination of a contract by summary dismissal, that is, when an employee is guilty of one of the grounds specified in Section 9 of the Employment Ordinance. These grounds include those that would have been available under common law.
In this course you will learn:
The Grounds and General Approach to Summary Dismissal, including what specific circumstances about an employment contract a court might consider in determining the seriousness of a ground.
The Particular Grounds for Summary Dismissal with a full review of the legislation and related cases. You will learn about Wilful Disobedience; Misconduct and Habitual Neglect; Fraud or Dishonesty; and Grounds available for Summary Dismissal under Common Law
Special Issues Affecting Summary Dismissal that must be considered in proving whether a dismissal was justifiable or not. These are whether the evidence was acquired after the dismissal; and whether the grounds were waived by the employer
At the end of this course, you will take a multiple-choice test. Its results will determine your CPD accreditation for completing this course.
Robert Lewington
Robert joined Simmons & Simmons in November 2001 and is the head of Commercial Litigation. He has 17 yearsı experience of commercial litigation in Hong Kong.
Robert was admitted as a solicitor in England and Wales in 1979 and in Hong Kong in 1984. He was recently listed in the IFLR Guides to the Worldıs Leading Lawyers. He was in the Best of the Best 1999 and 2001. Recent work has included advising an American tele-marketing company on theft of confidential information, advising the minority shareholders of a telecoms company on dispute, advising a Hong Kong statutory corporation on sale of goods litigation and advising insurers on claims for short piling, advising re-insurers on a US$ multi-million power station machinery breakdown claim.
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