LAM CHUN CHOI v. STANDARD CHARTERED BANK (HONG KONG) LTD

LAM CHUN CHOI v. STANDARD CHARTERED BANK (HONG KONG) LTD

The Tribunal misdirected itself in law by construing the HKEDP as applying only to conduct-related performance; on a correct construction HKEDP can apply to performance failures generally and requires consideration of investigation and disciplinary procedures. Because the Tribunal did not apply the correct legal construction or consider matters that flowed from that construction, the appeal is allowed, the Tribunal's order is set aside and the claim is remitted to the Tribunal for rehearing by another presiding officer.

Citation
LAM CHUN CHOI v. STANDARD CHARTERED BANK (HONG KONG) LTD
Parties
Claimant/appellant: Lam Chun Choi; Defendant/respondent: Standard Chartered Bank (Hong Kong) Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 February 2016
Case Number
HCLA15/2015
Procedural Posture
Labour Tribunal Appeal (point of Law) / Appeal to Court of First Instance; Judgment Allowing Appeal and Remitting Claim to Tribunal for Rehearing
Outcome
Appeal allowed; Tribunal order dated 27 April 2015 set aside; claim remitted to the Labour Tribunal to be heard de novo by another presiding officer
Legal Topics
Disciplinary Procedures, Performance Management, Summary Dismissal, Contract Construction, Costs Orders
Source Language
EN
Employment Law Contract Law Civil Procedure Disciplinary Procedures Performance Management Summary Dismissal Contract Construction Costs Orders

Case Brief

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Parties

Lam Chun Choi

Claimant/appellant

Standard Chartered Bank (Hong Kong) Limited

Defendant/respondent

Procedural Posture

Labour Tribunal Appeal (point of Law) / Appeal to Court of First Instance; Judgment Allowing Appeal and Remitting Claim to Tribunal for Rehearing

Legal Issues

  1. 1 Whether the Hong Kong Employee Discipline Procedures (HKEDP) formed part of the employment contract and apply to poor performance in general
  2. 2 Whether the Labour Tribunal misdirected itself in law in construing the HKEDP as applying only to conduct-related performance issues
  3. 3 Whether surrounding post-contract conduct or practice is admissible in construing the contract

Ratio Decidendi

The Tribunal misdirected itself in law by construing the HKEDP as applying only to conduct-related performance; on a correct construction HKEDP can apply to performance failures generally and requires consideration of investigation and disciplinary procedures. Because the Tribunal did not apply the correct legal construction or consider matters that flowed from that construction, the appeal is allowed, the Tribunal's order is set aside and the claim is remitted to the Tribunal for rehearing by another presiding officer.

Court Disposition

Appeal allowed; Tribunal order dated 27 April 2015 set aside; claim remitted to the Labour Tribunal to be heard de novo by another presiding officer

Orders

  • The Tribunal's order dated 27 April 2015 is set aside
  • The appellant's claim is remitted to the Labour Tribunal to be heard by another presiding officer (de novo)