11 Nov 2009
DAMON NEICH-BUCKLEY AND OTHERS v. CATHAY PACIFIC AIRWAYS LTD AND ANOTHER
- Citation
- DAMON NEICH-BUCKLEY AND OTHERS v. CATHAY PACIFIC AIRWAYS LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA299/2006
The Court found that the predominant reason for the Plaintiffs dismissals was management s perception of their union involvement and likely participation in contract compliance/MSS rather than provable individual misconduct; Cathay breached the contractual DGP by not affording disciplinary hearings, rendering the terminations wrongful; the public statements accusing the Plaintiffs of unprofessional conduct were defamatory and Cathay failed on both justification and qualified privilege defences. Remedies were awarded accordingly.