10 Feb 2014
IGAL DAFNI v. CMA CGM SA
- Citation
- IGAL DAFNI v. CMA CGM SA
- Court
- Court of First Instance
- Case number
- HCA1185/2008
The court found the plaintiff was terminated (resignation was a dress-up after assurance by defendant to pay HOA entitlements); defendant failed to prove wilful misconduct and was estopped from relying on retrospective grounds; Clause 4 cancellation indemnity applies and includes profit-sharing; the three-year period runs from commencement of CNC employment (12 April 2007) to 11 April 2010; profit share is to be calculated under Taiwan GAAP; mitigation does not apply to the liquidated Cancellation Indemnity; judgment entered for plaintiff for US$2,289,025.22 plus interest and costs nisi.