2 Mar 2009
JOHN WALLACE DICKIE AND OTHERS v. CATHAY PACIFIC AIRWAYS LTD
- Citation
- JOHN WALLACE DICKIE AND OTHERS v. CATHAY PACIFIC AIRWAYS LTD
- Court
- Court of First Instance
- Case number
- HCA1405/2006
Clause 35.3 does not give an unfettered right to bypass Appendix 1 where the underlying reason for dismissal is alleged misconduct; the disciplinary procedures in Appendix 1 must be invoked and completed (with reasonable expedition) before dismissal can take effect, but once disciplinary proceedings are concluded the employer may then exercise the right to terminate under clause 35.3 or dismiss for misconduct as appropriate (answers: Issue 1(a) No; 1(b) Yes; 2(a) No; 2(b) Yes).