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Sacked pilots denied appeal to top court
Friday, July 29, 2011
The Court of Appeal has dismissed a bid by a group of former Cathay Pacific pilots to take their claims of wrongful dismissal and defamation to the Court of Final Appeal.
The appeal court ruled that the 18 pilots had failed to prove their case was "reasonably arguable as a matter of law," and therefore, not appropriate as questions of general importance.
The decision of Court of Appeal Vice President Frank Stock and justices Susan Kwan Shuk-hing and Johnson Lam Man-hon was made last Friday, but the reasons were handed down yesterday.
The pilots were also ordered to pay costs.
However, their lawyer said they will apply directly to the Court of Final Appeal.
The case goes back more than a decade, when 49 pilots who participated in industrial action in June 2001 were dismissed by the airline.
Last December, the Court of Appeal overturned a High Court ruling that awarded each plaintiff HK$3.3 million for defamation, slashing the amount to HK$700,000.
It also overturned the findings of wrongful dismissal.
Cathay was originally ordered to pay the 18 pilots a total of HK$56.1 million, but this was reduced by the Court of Appeal to HK$11.9 million.
The pilots are appealing this, saying they have suffered huge loss of earnings, and that as professionals they had been accused of being unprofessional. In addition, Cathay has never apologized for the defamation.
The pilots also claim Cathay had bypassed Disciplinary and Grievance Procedures in dismissing them.
Friday, July 29, 2011
The Court of Appeal has dismissed a bid by a group of former Cathay Pacific pilots to take their claims of wrongful dismissal and defamation to the Court of Final Appeal.
The appeal court ruled that the 18 pilots had failed to prove their case was "reasonably arguable as a matter of law," and therefore, not appropriate as questions of general importance.
The decision of Court of Appeal Vice President Frank Stock and justices Susan Kwan Shuk-hing and Johnson Lam Man-hon was made last Friday, but the reasons were handed down yesterday.
The pilots were also ordered to pay costs.
However, their lawyer said they will apply directly to the Court of Final Appeal.
The case goes back more than a decade, when 49 pilots who participated in industrial action in June 2001 were dismissed by the airline.
Last December, the Court of Appeal overturned a High Court ruling that awarded each plaintiff HK$3.3 million for defamation, slashing the amount to HK$700,000.
It also overturned the findings of wrongful dismissal.
Cathay was originally ordered to pay the 18 pilots a total of HK$56.1 million, but this was reduced by the Court of Appeal to HK$11.9 million.
The pilots are appealing this, saying they have suffered huge loss of earnings, and that as professionals they had been accused of being unprofessional. In addition, Cathay has never apologized for the defamation.
The pilots also claim Cathay had bypassed Disciplinary and Grievance Procedures in dismissing them.
More evidence of which camp the Hong Kong legal system sits in........so blatant it would be funny if it wasn't for the hell these guys and their families have gone through the past 10 years.
Lessons for us all still here - the courts here in HK are not the answer and a waste of our Union's resources.
At the end of the day it will take us as a membership to get off our behinds and
confront the bully directly......am I dreaming?
Believe me it's coming - we will soon have to man up in a big way!!
Lessons for us all still here - the courts here in HK are not the answer and a waste of our Union's resources.
At the end of the day it will take us as a membership to get off our behinds and
confront the bully directly......am I dreaming?
Believe me it's coming - we will soon have to man up in a big way!!
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On Wednesday 26 October, an application was heard by the Court of Final Appeal to have the Court of Appeal's ruling overturned. The pilots were successful and their case will now be heard by the Court of Final Appeal. Not a mention of this in the local press here.
Thanks raptor. I was out of HK and couldn't find any news on the case.
For those of you who haven't read the 49ers book, do yourself a favor and grab a copy be it hard copy or electronic.
Good luck fellas
For those of you who haven't read the 49ers book, do yourself a favor and grab a copy be it hard copy or electronic.
Good luck fellas
Hmmmm....there might be the odd Judge or two starting to squirm as their judgements and reasoning will be subjected to very close scrutiny from a higher Judicial power...?
Good luck to those afflicted by the bastardry of the evil deeds committed those in management of CX at the time.
Good luck to those afflicted by the bastardry of the evil deeds committed those in management of CX at the time.
. New and recent joiners take note.
