2 Mar 2009
JOHN SIMPSON WARHAM v. CATHAY PACIFIC AIRWAYS LTD AND ANOTHER
- Citation
- JOHN SIMPSON WARHAM v. CATHAY PACIFIC AIRWAYS LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCMP4400/2001
Where the underlying reason for dismissal is alleged misconduct an employer cannot lawfully use clause 35.3 to bypass the disciplinary procedures incorporated in the contract (Appendix 1); clause 35.3 is thus qualified by Appendix 1, but once the disciplinary procedures have been carried out and a final outcome reached the employer may then exercise clause 35.3 or dismiss for misconduct consistent with the outcome of those procedures.