CHAN CHING MAN v. ORIENTAL LOGISTICS CO LTD

CHAN CHING MAN v. ORIENTAL LOGISTICS CO LTD

The Deputy High Court Judge held that the trial judge erred in treating the touching as ordinary social contact because the victim had unequivocally objected; repeated touching of a disabled colleague despite lack of consent amounted to assault/abuse and justified summary dismissal under Employment Ordinance s9(1)(b); accordingly the appeal was allowed and the Labour Tribunal orders set aside.

Citation
CHAN CHING MAN v. ORIENTAL LOGISTICS CO LTD
Parties
Appellant (employer): Appellant; Respondent (employee): Respondent
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 April 2004
Case Number
HCLA99/2003
Procedural Posture
Labour Tribunal Appeal (employment) / Judgment on Appeal to High Court (deputy High Court Judge)
Outcome
Appeal allowed; orders of the Deputy Presiding Officer dated 23 July 2003 set aside; Respondent ordered to pay Appellant's costs of the appeal including costs of the application for leave to appeal.
Legal Topics
Summary Dismissal, Consent to Touching, Employer Duty to Protect Disabled Employees, Sex Discrimination Ordinance Provisions, Employment Ordinance S9, Workplace Harassment
Source Language
EN
Employment Law Discrimination Law Sexual Harassment Tort Assault and Battery Contract Law Summary Dismissal Consent to Touching Employer Duty to Protect Disabled Employees +3 more

Case Brief

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Parties

Appellant

Appellant (employer)

Respondent

Respondent (employee)

Procedural Posture

Labour Tribunal Appeal (employment) / Judgment on Appeal to High Court (deputy High Court Judge)

Legal Issues

  1. 1 Whether repeated touching of a colleague justified summary dismissal
  2. 2 Whether lack of consent made the touching an assault
  3. 3 Whether conduct amounted to sexual harassment under the Sex Discrimination Ordinance

Ratio Decidendi

The Deputy High Court Judge held that the trial judge erred in treating the touching as ordinary social contact because the victim had unequivocally objected; repeated touching of a disabled colleague despite lack of consent amounted to assault/abuse and justified summary dismissal under Employment Ordinance s9(1)(b); accordingly the appeal was allowed and the Labour Tribunal orders set aside.

Court Disposition

Appeal allowed; orders of the Deputy Presiding Officer dated 23 July 2003 set aside; Respondent ordered to pay Appellant's costs of the appeal including costs of the application for leave to appeal.

Orders

  • Appeal allowed
  • Set aside the Labour Tribunal orders made on 23 July 2003