LAM TZE YING AND OTHERS v. MARIA COLLEGE

LAM TZE YING AND OTHERS v. MARIA COLLEGE

The alleged conduct of the respondents did not constitute wilful disobedience or misconduct of sufficient gravity to justify summary dismissal under Section 9 of the Employment Ordinance; accordingly the Labour Tribunal award of long service pay was upheld and the appeal dismissed.

Citation
LAM TZE YING AND OTHERS v. MARIA COLLEGE
Parties
Claimant/respondent: LAM TZE YING; Claimant/respondent: Leung Kin Hing; Claimant/respondent: WONG CHI HO; Defendant/appellant: MARIA COLLEGE
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 February 1997
Case Number
HCLA136/1996
Procedural Posture
Labour Tribunal Appeal (employment) / Appeal to High Court; Judgment Delivered
Outcome
Appeal dismissed
Legal Topics
Long Service Pay, Summary Dismissal, Misconduct and Wilful Disobedience, Continuity of Contract, Trade Customs in Teaching Profession
Source Language
EN
Employment Law Labour Law Contract Law Long Service Pay Summary Dismissal Misconduct and Wilful Disobedience Continuity of Contract Trade Customs in Teaching Profession

Case Brief

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Parties

LAM TZE YING

Claimant/respondent

Leung Kin Hing

Claimant/respondent

WONG CHI HO

Claimant/respondent

MARIA COLLEGE

Defendant/appellant

Procedural Posture

Labour Tribunal Appeal (employment) / Appeal to High Court; Judgment Delivered

Legal Issues

  1. 1 Whether the respondents were validly summarily dismissed under Section 9 of the Employment Ordinance
  2. 2 Whether the alleged misconduct amounted to wilful disobedience or grave misconduct justifying summary dismissal
  3. 3 Whether student survey results or repeated minor disciplinary incidents can justify summary dismissal

Ratio Decidendi

The alleged conduct of the respondents did not constitute wilful disobedience or misconduct of sufficient gravity to justify summary dismissal under Section 9 of the Employment Ordinance; accordingly the Labour Tribunal award of long service pay was upheld and the appeal dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Labour Tribunal awards for long service pay upheld: HKD 191651.10 to Lam Tze Ying; HKD 178750.00 to Leung Kin Hing; HKD 44375.00 to Wong Chi Ho