Mr. Lee was employed by a travel company as a travel consultant. Since June 2012, he had touched the hair of his colleague, Miss Liu, who was suffering from congenital speech and hearing difficulties, for at least 10 times. Miss Liu did not like to be touched and had made that known to Mr. Lee on every occasion. In one instance, when asked by Miss Liu why he did not touch the hair of other female colleague, Mr. Lee went to touch the hair of another female colleague, Miss Wong, who was not at all upset and just gave a laugh. On 20 August 2012, Mr. Lee touched Miss Liu’s face with the back of his hand once. Miss Liu was very upset and her aunt made a complaint to the company on the following day on her behalf. Management of the company interviewed Mr. Lee who admitted touching Miss Liu but considered it was no big deal. The company later summarily dismissed Mr. Lee. Mr. Lee then lodged a claim against the company for termination compensation.

Extra Facts • Mr. Lee thought that touching Miss Liu’s hair was a form of ordinary social contact between friends and colleagues as evidenced by the fact that Miss Wong was not offended.

Question 1 If you were the presiding officer of Labour Tribunal, explain if the summary dismissal is justified.