Unauthorised Absence By An Employee May Justify A Summary Dismissal

The District Court in Hum Matthew Ta v Allied Way Security Management Limited [2024] HKDC 134 recently dismissed an employee's claim for wrongful dismissal against his former employer. The employee claimed that his employment had been terminated and, on that basis, decided not to return to work. The Court found that the employer did not initially terminate his employment but the employee's unauthorised absence from work instead gave his employer a valid reason for summary dismissal. The employee therefore lost his entitlement to a Golden Parachute payment and payment-in-lieu of notice (PILON).

Background

The defendant employer is a Hong Kong company that provided consulting and IT solution services on cyber-defence and network infrastructure. The defendant hired the plaintiff to act as its CTO, as well as to oversee the operations a newly acquired business (New Business). In connection with this, the New Business hired three supporting employees to work under