Worker on sick leave disputes whether external HR standards created binding notice obligations
A Hong Kong Court recently dealt with an employment dispute involving a worker whose fixed-term contract was not renewed after multiple extensions.
The case centred on whether certain service quality standards formed part of the employment agreement and whether the employer was required to provide notice before termination.
The worker argued that external standards referenced in her contract created binding obligations on her employer, including a requirement to provide 28 days' notice before ending her employment.
She claimed that without this notice, her contract termination constituted dismissal entitling her to compensation.
The employer disputed this interpretation, maintaining that the contract was simply a fixed-term agreement that expired naturally without requiring any notice period.
The worker had been employed as a registered contract social worker since 2005. By March 2020, she had been promoted to team leader level.
The employer issued her a renewal letter dated 30 March 2020, which stated that her work during the contract period had met requirements and she was being renewed as a contract team leader with the contract period running from 1 April 2020 to 31 March 2021.
The employment contract included specific terms governing the worker's duties. Under clause 10, titled "conduct code," the worker was required...
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