18 Jul 2000
EVELYN SEMANA BACHICHA v. POON SHIU MAN HENRY
- Citation
- EVELYN SEMANA BACHICHA v. POON SHIU MAN HENRY
- Court
- Court of Appeal
- Case number
- CACV55/2000
The Court set aside the conciliation compromise as an unconscionable bargain entered into by a vulnerable employee under a material misunderstanding promoted by employer assertions and flawed conciliator advice; it held the employer breached the implied mutual trust and confidence in addition to effecting constructive dismissal and therefore the correct measure was loss of a chance of alternative employment (discounted), reducing the constructive dismissal quantum to HK$17,370; costs below were to be taxed and plaintiff awarded 75% of appeal costs.