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6. I suspect that my sales executive has repeatedly sent client details to a rival company and I want to dismiss him. Can I terminate his employment contract immediately without giving him advance notice or wages in lieu of notice?

Updated by Adminyumi on

With reference to section 9 of the Employment Ordinance, employers may summarily dismiss their employees without advance notice or wages in lieu of notice if their employees:

 

a. wilfully disobey any lawful and reasonable orders;
b. are guilty of misconduct;
c. are guilty of fraud or dishonesty; or
d. are habitually neglectful in their duties.

5. My tenant has failed to pay rent for two months. What can I do to recover the rent and the possession of my property?

Updated by Adminyumi on

If a tenant fails to pay rent, then the following measures are usually available to the landlord.

 

a) Action for the recovery of outstanding rent

 

If landlords intend only to recover the outstanding rent but not to regain possession of the properties, then they may make their claim for rent arrears at one of the followings.

 

4. In order to avoid certain liabilities, or to exploit customers, some sellers or service suppliers may insert exemption clauses into their contracts or impose unfair terms. Are these terms valid under the law?

Updated by Adminyumi on

The law tries to stop traders from avoiding their responsibilities to you if you are injured or your property is lost or damaged because those traders failed to take proper care. They cannot hide behind cleverly worded clauses or a few lines of small print in a contract. They can still be liable to pay compensation.

 

A) Unreasonable Exemption Clauses

 

3. Apart from going to Court to apply for a divorce, are there any other channels through which unhappy spouses can settle their differences? What are the differences between these other channels and divorce proceedings?

Updated by Adminyumi on

You may consider making use of the following alternatives:-

 

(i) Deed of Separation – It refers to a separation agreement that can be made between the two parties by themselves. The agreement can specify a period of separation, and what the parties will do with their children (if any) and how their children’s and each other’s maintenance will be provided. It is recommended that a lawyer be consulted before such an agreement is made.

 

2. How do I apply for divorce? (with a brief summary of the relevant procedures)

Updated by Adminyumi on

You are advised to consult a lawyer before submitting the relevant documents and attending hearings in the Family Court.

 

You need to go through the following stages:-

 

(Stage 1) Presenting a petition for divorce

(Stage 2) Serving (delivering) my petition to my spouse

(Stage 3) Fixing a court hearing date

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