22 Mar 2019
CHOK KIN MING v. EQUAL OPPORTUNITIES COMMISSION
- Citation
- [2019] HKCFI 755
- Court
- Court of First Instance
- Case number
- HCLA27/2017
The appeal was dismissed because the Tribunal correctly applied the applicable legal test (whether the EOC's opinion was irrational or perverse), accepted credible evidence from the Chairperson that he reached an independent decision after considering multiple factors (including the recording, the warning and appellant's conduct in the investigation), and concluded that no reasonable employer would not have formed the opinion to withhold the gratuity; deficiencies in the investigation did not render the gratuity decision irrational in the circumstances and appellant had been given an opportun…