HOOI SIEW FONG RACHEL v. CATHAY PACIFIC AIRWAYS LTD

HOOI SIEW FONG RACHEL v. CATHAY PACIFIC AIRWAYS LTD

The Presiding Officer erred in law by treating the claim solely as contractual entitlement under the Scheme and failing to recognise and deal with the substance of the claimant's constructive dismissal complaint; the matter is remitted for retrial so the constructive dismissal issue can be properly considered.

Citation
HOOI SIEW FONG RACHEL v. CATHAY PACIFIC AIRWAYS LTD
Parties
Appellant/claimant: bjbj; Respondent/defendant: CATHAY PACIFIC AIRWAYS LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 August 2009
Case Number
HCLA14/2009
Procedural Posture
Labour Tribunal Appeal (employment/labour) / Appeal to Court of First Instance; Judgment on Appeal Remitting Case for Retrial
Outcome
Appeal allowed. Matter remitted to the Labour Tribunal for retrial before another Presiding Officer. Defendant ordered to pay claimant costs.
Legal Topics
Constructive Dismissal, Retirement Benefits Scheme Entitlement, Labour Tribunal Investigatory Duty, Occupational Safety and Health Issues
Source Language
EN
Employment Law Labour Law Trusts and Employee Benefits Administrative Law/procedural Law Constructive Dismissal Retirement Benefits Scheme Entitlement Labour Tribunal Investigatory Duty Occupational Safety and Health Issues

Case Brief

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Parties

bjbj

Appellant/claimant

CATHAY PACIFIC AIRWAYS LIMITED

Respondent/defendant

Procedural Posture

Labour Tribunal Appeal (employment/labour) / Appeal to Court of First Instance; Judgment on Appeal Remitting Case for Retrial

Legal Issues

  1. 1 Whether the claimant's case was in substance one of constructive dismissal
  2. 2 Whether the Presiding Officer erred in failing to identify and deal with the constructive dismissal cause of action
  3. 3 Whether entitlement to retirement benefits under the Scheme could be pursued against the employer rather than the trustee

Ratio Decidendi

The Presiding Officer erred in law by treating the claim solely as contractual entitlement under the Scheme and failing to recognise and deal with the substance of the claimant's constructive dismissal complaint; the matter is remitted for retrial so the constructive dismissal issue can be properly considered.

Court Disposition

Appeal allowed. Matter remitted to the Labour Tribunal for retrial before another Presiding Officer. Defendant ordered to pay claimant costs.

Orders

  • Appeal allowed
  • Remit case to the Labour Tribunal for a retrial before another Presiding Officer