The Chinese University of Hong Kong

Faculty of Law

Term One 2021-2022 Examination

Course code and title : LAWS6047 Principles of Employment Law

Start date and time : 16 December 2021, 6:30 pm

Submission deadline : 16 December 2021, 10:00 pm

This paper has SIX (6) pages (including this cover page).

This is a TAKE HOME Examination.

Instructions to candidates:

1. This examination paper consists of ONE (1) question. Answer THIS (1) question.
2. Your answers must be typed using a computer and in English.
3. Your answer paper must show your student ID on the front page. You must not make any
reference to your name in your answer paper.
4. You may not discuss or collaborate with another person when completing this examination.
5. Your answers must be your own work. You may consult any other sources in preparing
your answer paper. Sources are not restricted to those discussed in class. When you use
sources, cite them adequately for identification. You are expected to know and abide by
the University’s plagiarism policy. Copying another person’s work or using language or
ideas without proper attribution is subject to disciplinary action, as appropriate, and can
lead to your failure of the course.
6. Submission of your answer paper: You must submit your answer paper in PDF format
electronically to the Blackboard course site for the above course by 10:00pm, 16
December 2021.
7. Submission of your duly signed VeriGuide Receipt: By 10:00pm, 18 December 2021,
you must
(i) upload your answer paper to the CUHK VeriGuide system at
https://academic2.veriguide.org/portalcuhk/;
(ii) duly sign the receipt issued by the VeriGuide system containing a declaration of
honesty statement (the VeriGuide Receipt); and
(iii) upload the duly signed VeriGuide Receipt to the Blackboard course site.
8. If either the answer paper or the VeriGuide Receipt is submitted after the applicable
deadline or if the VeriGuide Receipt is not duly signed, the answer paper will receive a
mark of zero and a grade of F. No late submission will be accepted.

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You MUST answer this question (100 Marks)

Linda Chan owns a music business named “Angel Music Academy Limited” (“AMA”). AMA
operates a music center in Kowloon Tong. AMA’s music facility includes a shop space where it
sells various musical instruments and accessories and a number of soundproof practice rooms.
AMA does not operate any other music centers.

In addition to being the owner of AMA, Linda also acts as the manager overseeing its business
operations. AMA also runs a music school as part of its business and hires a number of music
teachers who offer lessons to students for a wide variety of instruments. All music lessons are
offered at the same rate of HK$400 for a 1 hour lesson. AMA’s music school has become very
successful over the years and attracts students from all over Hong Kong. The following people
work for AMA:

Nancy Au
Nancy works for AMA as a violin instructor. She started working for AMA on 1st February 2021.
Her contract with AMA is provided (See Appendix A). She has maintained a perfect attendance
record apart from the frequent lateness described in paragraph 1 below.

Mario Brown
Mario started working for AMA as a piano instructor on 1st December 2016. A copy of his contract
is provided (See Appendix B). He has maintained a perfect attendance record apart from 1st to
30th November 2018 (inclusive) when he was unable to work as he was hospitalized for
pneumonia.

Olivia Wong
Olivia works at AMA as a personal assistant for Linda to assist with the office work. She started
working for AMA on 1st December 2020. Her contract with AMA is provided (See Appendix C).
She has maintained a perfect attendance record.

Assume that the date is 16th December 2021. The following things have occurred:

1. Ever since Nancy started working at AMA, Linda has noticed that Nancy was frequently 5 to
10 minutes late for her scheduled lessons with students. On several occasions Linda had even
reminded Nancy to be punctual but after a few days she would again go back to her habit of
being late (much to Linda’s frustration). Further, last month Linda noticed that Nancy was
using a different violin curriculum than the “Buzuki-Albert Violin Method” which was not
authorized. Linda decided that she needed to terminate Nancy’s employment at AMA.

On 30th November 2021, Linda called Nancy to her office and paid Nancy her wages for
November which they worked out together to be HK$15,000. Linda then said that Nancy’s
employment was terminated and paid Nancy a further sum of HK$15,000 to leave
immediately.

Today, Nancy has contacted Linda claiming that AMA wrongly terminated her employment
without notice or payment in lieu of notice and that she should be entitled compensation to the
balance of her two year contract which she claims works out to be HK$15,000 x 14 months =
HK$210,000. Nancy has also told Linda that she has started working as a violin teacher a
different music academy in Mong Kok.

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LAWS6047 Principles of Employment Law Term One 2021/22

2. Mario is an excellent piano teacher however he has a reputation amongst students for being
very strict. One of Mario’s teaching techniques was to keep a metal ruler with him as he taught
his students. Every time one of his students made a mistake, Mario would take the metal ruler
and slap it hard onto his students’ hands as they played. It was not uncommon for students to
finish their lessons with hands which were red from all of the slapping. Over the years none
of the students have dared to complain about this because Mario was widely seen as one of the
best piano teachers in Hong Kong.

On 31st October 2021, Mario was giving a lesson to a new student named Paul. Unfortunately,
Paul was particularly terrible at piano and made a lot of mistakes. During the lesson, Mario
slapped Paul’s hand with the ruler so hard and so frequently that Paul screamed in pain and an
ambulance had to be called to take Paul to the hospital. Upon learning this, Linda told Mario
that his contract was terminated immediately without compensation. Linda told Mario to pack
his things from his locker and leave immediately. As Mario was angrily packing his things,
he claimed that someone had stolen his phone from the locker.

Today Linda received a letter from Mario’s solicitors claiming Long Service Pay and/or
Severance Pay and also HK$5,000 to compensate Mario for his stolen phone which was due
to Linda’s failure to guard the locker.

3. Also today, Linda received a letter from Paul’s solicitors saying that he had suffered several
broken bones in his fingers which required substantial surgery and claimed HK$500,000 in
compensation for Mario’s wrongdoing.

4. On 30th November 2021, Linda paid Olivia her $20,000 salary. Today, Olivia asked Linda
about the double pay entitlement of a further HK$20,000. Linda does not want to pay Olivia
any double pay.

5. Further, Olivia said that Nancy contacted her yesterday to tell her that she had started work at
a different music academy in Mong Kok and it was a much better working environment than
AMA. Olivia said that she was thinking of switching there one day in the future as it was
closer to her home. Linda was shocked to hear that Olivia would switch to a competitor and
wants to think of a way to terminate Olivia.

Discuss any employment law issues arising from the above facts (100 MARKS)

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LAWS6047 Principles of Employment Law Term One 2021/22

 Appendix A

Employment Agreement

This is a contract between Nancy Au (the “Employee”) and Angel Music Academy
(“AMA”). The Employee and AMA agree to the following terms:

1. This is a 2 year contract commencing on 1st February 2021.

2. The Employee will be paid on the last day of each month based on the number of
violin lessons taught. AMA will pay the Employee HK$200 per 1 hour lesson taught
each month. The Employee will be required to teach at least 18 hours per week, the
dates and times of each lesson will be notified by a written roster at the beginning of
each month kept at the reception of AMA.

3. The Employee agrees that:

(a) All violin lessons taught by the Employee will use the “Buzuki-Albert Violin
Method” curriculum. No other method will be taught without obtaining the
prior approval of AMA.

(b) He/she will wear an instructor’s uniform with the AMA logo which will be
provided at all times while working;

(c) Practice rooms will be reserved and provided to the Employee for lessons with
students;

(d) A storage locker will be provided in the AMA office for keeping personal
items while working.

4. The Employee agrees that upon termination of this agreement, the Employee shall
not work as a music instructor, jail guard or hairstylist in Hong Kong, Japan or Africa
for a period of 5 years and 3 months.

Signed: Linda Chan on behalf of AMA.

Signed: Nancy Au

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LAWS6047 Principles of Employment Law Term One 2021/22

 Appendix B

Independent Contractor Agreement

This is a contract between Mario Brown (the “Contractor”) and Angel Music Academy
(“AMA”). The Contractor and AMA agree to the following terms:

1. This contract is not an employment contract. The parties agree that this contract falls
outside of the scope of the Employment Ordinance and the Minimum Wage
Ordinance.

2. The Contractor will be paid on the last day of each month based on the number of
piano lessons taught. AMA will pay the Contractor HK$250 per 1 hour lesson taught
that month (if any). There is no guarantee of work and the Contractor is expected to
secure his own students to request classes with him through AMA.

3. The Contractor agrees that:

(a) He/she will have full discretion on the piano method curriculum to use when
teaching students without needing the consent of AMA;

(b) He/she will wear an instructor’s uniform with the AMA logo which will be
provided at all times while working;

(c) Practice rooms equipped with a piano will be reserved and provided to the
Contractor for lessons with students;

(d) A storage locker will be provided in the AMA office for keeping personal
items while working;

(e) He/she may teach at other music schools when he does not have to teach at
AMA.

Signed: Linda Chan on behalf of AMA.

Signed: Mario Brown

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LAWS6047 Principles of Employment Law Term One 2021/22

 Appendix C

Employment Agreement

This is a contract between Olivia Wong (the “Employee”) and Angel Music Academy
(“AMA”). The Employee and AMA agree to the following terms:

1. The Employee will take on the position of personal assistant to the manager of AMA.

2. The Employee will be paid HK$20,000 per month. Working hours are from 9am to
6pm with a 1 hour unpaid lunch break from 1pm to 2pm, Mondays to Fridays.

3. The Employee will be entitled to “double pay” on the 30th November of each year.
The amount of the “double pay” will be determined at the complete discretion of
AMA.

4. The Employee agrees that upon termination of this agreement, the Employee shall
not work as a music instructor, jail guard or hairstylist in Hong Kong, Japan or Africa
for a period of 5 years and 3 months.

Signed: Linda Chan on behalf of AMA.

Signed: Olivia Wong

*** LAST PAGE ***

*** END OF EXAMINATION PAPER ***

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LAWS6047 Principles of Employment Law Term One 2021/22