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Gross Misconduct Dismissal Letter Template for Hong Kong

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Key Requirements PROMPT example:

Gross Misconduct Dismissal Letter

"I need a Gross Misconduct Dismissal Letter under Hong Kong law for immediate termination of a senior financial analyst who violated insider trading policies and shared confidential client information with competitors."

Document background
The Gross Misconduct Dismissal Letter is a critical document used when an employer in Hong Kong needs to terminate an employment relationship immediately due to serious misconduct by an employee. This document must be carefully drafted to comply with the Hong Kong Employment Ordinance (Cap. 57) and related employment legislation. It is typically used in situations involving serious breaches of company policy, theft, fraud, violence, serious insubordination, or other actions that fundamentally breach the employment contract. The letter must clearly state the grounds for dismissal, reference specific incidents, and outline the legal basis for the decision. Given the serious implications and potential legal consequences, this document often requires input from HR, legal counsel, and senior management to ensure proper documentation and procedural fairness.
Suggested Sections

1. Letter Header: Company letterhead, date, reference number, and confidential marking

2. Recipient Details: Employee's full name, position, and address

3. Subject Line: Clear indication that this is a termination of employment notice

4. Statement of Dismissal: Clear statement of immediate termination of employment due to gross misconduct

5. Details of Misconduct: Specific description of the incident(s) constituting gross misconduct, including dates and relevant details

6. Legal Basis: Reference to relevant employment contract clauses and Hong Kong Employment Ordinance provisions justifying summary dismissal

7. Previous Warnings/Investigations: Reference to any relevant previous warnings or investigation outcomes

8. Immediate Actions Required: Instructions regarding return of company property, access cards, confidential information

9. Final Payment Details: Information about final salary, accrued benefits, and payment timing

10. Closure: Signature block with authorized signatory's name and position

Optional Sections

1. Post-termination Obligations: Reminder of continuing obligations such as confidentiality and non-compete clauses, if applicable

2. Appeal Rights: Information about internal appeal procedures, if company policy allows for appeals

3. Reference Policy: Company's position on providing future employment references

4. Outstanding Loans/Advances: Details of any outstanding amounts owed to the company, if applicable

5. Medical Insurance Extension: Information about post-employment medical coverage, if applicable

6. Legal Rights Reservation: Company's reservation of legal rights regarding potential future claims

7. Handover Instructions: Specific instructions for handover of work responsibilities, if required

Suggested Schedules

1. Investigation Report Summary: Summary of the investigation findings supporting the dismissal decision

2. Evidence Records: Copies of relevant evidence supporting the gross misconduct claim

3. Meeting Minutes: Records of disciplinary meetings or hearings related to the misconduct

4. Company Property Checklist: List of company property to be returned

5. Final Payment Calculation: Detailed breakdown of final payment including any deductions

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions


















Clauses




















Relevant Industries

Financial Services

Professional Services

Manufacturing

Retail

Technology

Healthcare

Education

Construction

Hospitality

Transportation

Telecommunications

Real Estate

Media and Entertainment

Energy and Utilities

Public Sector

Relevant Teams

Human Resources

Legal

Compliance

Senior Management

Employee Relations

Risk Management

Corporate Governance

Operations Management

Relevant Roles

HR Director

HR Manager

Legal Counsel

Company Secretary

Department Manager

Line Manager

Compliance Officer

Employee Relations Manager

HR Business Partner

Senior HR Executive

General Manager

Managing Director

Chief Human Resources Officer

Risk Manager

Operations Director

Industries





Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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