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Course: Constructive Dismissal and Wrongful Dismissal
Code: LP01-CP02
Duration: 1.0 Hour
CPD Credit: 1 CPD Point
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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.
This course will concern itself with the termination of a contract by Constructive Dismissal and Wrongful Dismissal, which is, in effect, where an employee resigns without notice or payment in lieu and is entitled to do so as the employer has committed a repudiatory breach of contract that is accepted by the employee through the act of resignation.
In Constructive Dismissal and Wrongful Dismissal, 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.
What kind of conduct from either employer or employee constitutes Constructive Dismissal
What are the grounds for Wrongful Dismissal
What is a Garden Leave and what are the issues that may arise in a Garden Leave, particularly in putting an employee under Garden Leave.
What, if any, are the duties in providing references to employees
At the end of this course, you will take a multiple-choice test. Its results will determine your CPD accreditation for completing this course.
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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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