13 Oct 2003
THOMAS VINCENT v. SOUTH CHINA MORNING POST PUBLISHERS LTD
- Citation
- THOMAS VINCENT v. SOUTH CHINA MORNING POST PUBLISHERS LTD
- Court
- Court of Appeal
- Case number
- CACV253/2002
The Court of Appeal held that the employer had proved substance in the dismissal decision by reason of the plaintiff's serious professional misconduct, thereby rebutting the statutory presumption under s.32A(2) by establishing a valid reason under s.32K; the court erred below by applying an additional fairness/'band of reasonable responses' test. Accordingly the awards of terminal payments were set aside. The court affirmed that Clause 8 of the Staff Regulations created a contractual entitlement to the annual bonus once the employer chose to award a bonus for 1998, and upheld the award of $79…