plaintiff:
  - FONG CHI YUNG t/a LONG FAI BUS CO

defendant:
  - CHEUNG HOI YING

case_reason: Dispute arising from termination of employment relationship between employer (Plaintiff) and employee (Defendant) in September 2002, involving claims for breach of employment contract, conversion of property, and counterclaims for constructive dismissal and employment entitlements.

judgment_summary: This case concerns the termination of employment between the Plaintiff employer (trading as Long Fai Bus Co.) and the Defendant employee (a coach driver) in September 2002. The Plaintiff claimed the employment was terminated by mutual agreement on 14 September 2002 and that the Defendant failed to return a coach (KJ 4376), wireless transceiver, three covers, and boarding tickets, seeking damages of $124,570. The Defendant denied mutual termination and claimed constructive dismissal on 16 September 2002 when the Plaintiff withdrew the coach and demanded return of keys, counterclaiming $23,677.70 for wages in lieu of notice, annual leave pay, and end of year payment. The court found that the Plaintiff failed to establish that oral notice of termination was given on 6 September 2002, noting significant inconsistencies in the Plaintiff's testimony and contradictions with the general manager's earlier testimony at the Labour Tribunal. The evidence supported the Defendant's case that no termination notice was given and that he was constructively dismissed when the coach was repossessed on 16 September 2002.

jurisdiction_code: HKDC

jurisdiction_name: District Court of the Hong Kong Special Administrative Region

case_location: Hong Kong Special Administrative Region

case_object:
  - Breach of employment contract
  - Tort of conversion
  - Constructive dismissal
  - Employment entitlements (wages in lieu of notice, annual leave pay, end of year payment)

judgment_result:
  - charge: Plaintiff's claim for breach of employment contract and conversion
    result: Dismissed (court found no mutual termination on 14 September 2002)
  - charge: Defendant's counterclaim for constructive dismissal
    result: Allowed (court found constructive dismissal on 16 September 2002)
  - charge: Defendant's counterclaim for employment entitlements
    result: Partially allowed (wages in lieu of notice and annual leave pay granted; end of year payment determination pending)

involved_entities:
  - entity_name: Deputy District Judge J. Ko
    reason: Presiding judge who heard the case and delivered the judgment
  - entity_name: Ms. Wong
    reason: Counsel representing the Plaintiff
  - entity_name: Mr. Iu
    reason: Solicitor representing the Defendant
  - entity_name: Man Tat Shing (MAN)
    reason: General manager of Long Fai Bus Company, witness for Plaintiff, held 99.99% shareholding in Long Fai Bus Limited
  - entity_name: Li Kwok Wing (LI)
    reason: Supervisor of coaches at Long Fai Bus Company, witness for Plaintiff
  - entity_name: Yuen Kin Wing (YUEN)
    reason: Driver at Long Fai Bus Company, witness for Defendant
  - entity_name: Mr. Cheng Yee-yan
    reason: Driver at Long Fai Bus Company, attended meetings on 6 September 2002
  - entity_name: Long Fai Bus Company (Long Fai)
    reason: Sole proprietorship owned by Plaintiff, employer in the employment relationship
  - entity_name: Long Fai Bus Limited (LF Limited)
    reason: Company incorporated on 10 June 2002, related entity in business transfer arrangement
  - entity_name: Avonwin Holdings Tour Limited (Avonwin)
    reason: Company incorporated on 26 June 2002, related entity sharing same office address
  - entity_name: Labour Tribunal
    reason: Forum where initial claim was filed (LBTC 10532/2002) and partial award made before transfer to District Court
  - entity_name: Labour Department
    reason: Government department consulted by Defendant on 16 September 2002 regarding employment dispute

