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

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

The judge concluded there was sufficient merit and arguable error in the Tribunal's construction of HKEDP and its treatment of whether the employer could rely solely on payment in lieu, and therefore granted leave to appeal to determine whether HKEDP was contractually binding and whether greater damages are payable under Ko Hon Yue.

Citation
LAM CHUN CHOI v. STANDARD CHARTERED BANK (HONG KONG) LTD
Parties
Claimant/applicant: Applicant (claimant); Respondent/defendant: Former employer (respondent)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 June 2015
Case Number
HCLA15/2015
Procedural Posture
Leave to Appeal Under Section 32 Labour Tribunal Ordinance (cap 25) / Application for Leave to Appeal (leave Granted)
Outcome
Leave to appeal granted
Legal Topics
Wrongful Dismissal, Disciplinary/employee Procedures, Performance Improvement Plans, Contractual Incorporation, Remedies and Damages for Unlawful Termination
Source Language
EN
Employment Law Contract Law Civil Procedure Wrongful Dismissal Disciplinary/employee Procedures Performance Improvement Plans Contractual Incorporation Remedies and Damages for Unlawful Termination

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Parties

Applicant (claimant)

Claimant/applicant

Former employer (respondent)

Respondent/defendant

Procedural Posture

Leave to Appeal Under Section 32 Labour Tribunal Ordinance (cap 25) / Application for Leave to Appeal (leave Granted)

Legal Issues

  1. 1 Whether the employer was required to apply the Hong Kong Employee Discipline Procedures (HKEDP) as part of the employment contract before dismissing the employee for poor performance
  2. 2 Whether the Tribunal misdirected itself in construing the scope of HKEDP as applying only to conduct-related issues and not to performance issues
  3. 3 Whether damages for unlawful termination can exceed wages in lieu of contractual notice based on Ko Hon Yue v Chiu Pik Yuk

Ratio Decidendi

The judge concluded there was sufficient merit and arguable error in the Tribunal's construction of HKEDP and its treatment of whether the employer could rely solely on payment in lieu, and therefore granted leave to appeal to determine whether HKEDP was contractually binding and whether greater damages are payable under Ko Hon Yue.

Court Disposition

Leave to appeal granted

Orders

  • Leave to appeal granted for the grounds set out in the amended grounds of appeal (as further amended)