He ruled that, in the event of dismissal for misconduct, CPA must first follow the DGP and that, if they do not, they act in breach of contract.
This is a fantastic result as it means effectively the breach of contract leg of The 49ers’ case has been won.
However he also ruled that, irrespective of the outcome of the DGP, CPA still has the right to terminate the contract without cause under 35.3. This demonstrates how serious a weakness exists not only in the contracts of employment of CPA pilots but also, possibly more importantly, in labour legislation as a whole in Hong Kong.
Call me an ignorant newbie, but I actually can't see how this has helped us much...
Next time they want to fire 49 guys, just go through a DGP, then, no matter what the outcome, sack 'em anyway!
