11 Nov 2009
JOHN SIMPSON WARHAM AND OTHERS v. CATHAY PACIFIC AIRWAYS LTD AND ANOTHER
- Citation
- JOHN SIMPSON WARHAM AND OTHERS v. CATHAY PACIFIC AIRWAYS LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCMP4400/2001
On objective assessment the predominant reason for the mass dismissals was management's desire to counter the union's contract compliance and threatened limited industrial action, not proved individual misconduct; Cathay therefore failed to show a valid s.32K reason, breached contractual DGP by failing to hold disciplinary hearings, and senior management's public statements were defamatory and not justified or protected by qualified privilege; appropriate remedies awarded accordingly.