First case before Hong Kong court to address employer’s lability for employees’ statements
The Hong Kong District court has dismissed a pilot’s claim that his former employer is liabile for emails sent by his former colleagues at the time of his dismissal that were defamatory towards him.
Mr Breton Jean brought proceedings for a second time against his former employer, HK Bellawings Jet Limited (Bellawings), after his employment was terminated in December 2016. On 31 October 2024, the Hong Kong District Court in Breton Jean v. HK Bellawings.jet Ltd [2024] HKDC 1695, dismissed his allegations of defamation against three of his former colleagues who were named as second to fourth Defendants, as well as Bellawings, the first Defendant. This case comes after his success in the Hong Kong Court of Appeal (Breton Jean v. 香港麗翔公務航空有限公司 [2022] HKCA 1736) in obtaining compensation from Bellawings for untaken “rest days.”
In the defamation action, the former pilot claimed three emails sent by his former colleagues at the time of his dismissal were defamatory towards him. He claimed Bellawings was vicariously liable for their defamatory statements because the emails were sent by those colleagues in the course of their employment. The emails alleged drunk and inappropriate behaviour, sexual assault, abandonment of duties, and coercion of an employee into flying without the proper qualifications. The individuals who sent the emails copied each other and personnel from HR and management...
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