In the United Kingdom, there appears to be an emerging trend of recognizing the implied anti-avoidance term in employment contracts. An anti-avoidance term is defined by Cabrelli in “Discretion, Power and the Rationalization of Implied Terms” as a term that has the effect of binding employers not to engage in tactics which evade the operation of an express term conferring a certain or conditional benefit on the employees. In the case of Sunny Tadjudin v Bank of America, the National Association the Hong Kong High Court has declined to imply an anti-avoidance term into an employment contract in Hong Kong.
The Bank of America Corp. fired trader Sunny Tadjudin in August 2007. According to attorney Graham Harris, Sunny Tadjudin, a 50-year-old Indonesian Chinese woman, is seeking $3.7 million based on the average of 16.6 percent of her profit contribution, a percentage she received in bonuses for 2002 to 2004 as reported by Bloomberg News.
Sunny Tadjudin received no bonus in 2007 despite generating 76 percent of the group’s $28.6 million in profits in the 30-month period, her attorney stated. A spokesman for Charlotte, North Carolina-based Bank of America, Mark Tsang, declined to comment on the case. There is another separate claim of sexual discrimination against the bank pending in another court was which has been delayed until the resolution of this case.
Summary:
The Bank of America Corp. fired trader Sunny Tadjudin in August 2007. According to attorney Graham Harris, Sunny Tadjudin, a 50-year-old Indonesian Chinese woman, is seeking $3.7 million based on the average of 16.6 percent of her profit contribution, a percentage she received in bonuses for 2002 to 2004 as reported by Bloomberg News.
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