29 Feb 2016
LAM CHUN CHOI v. STANDARD CHARTERED BANK (HONG KONG) LTD
- Citation
- LAM CHUN CHOI v. STANDARD CHARTERED BANK (HONG KONG) LTD
- Court
- Court of First Instance
- Case number
- HCLA15/2015
The Tribunal misdirected itself in law by construing the HKEDP as applying only to conduct-related performance; on a correct construction HKEDP can apply to performance failures generally and requires consideration of investigation and disciplinary procedures. Because the Tribunal did not apply the correct legal construction or consider matters that flowed from that construction, the appeal is allowed, the Tribunal's order is set aside and the claim is remitted to the Tribunal for rehearing by another presiding officer.