Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Alternative holidays
  • 2 Nov 2005

    TAM WAI MEI v. CATHAY PACIFIC AIRWAYS LTD

    Citation
    TAM WAI MEI v. CATHAY PACIFIC AIRWAYS LTD
    Court
    Court of Appeal
    Case number
    CACV232/2005

    The Court held that the employer complied with the Employment Ordinance: providing a roster in advance that showed days the employee was not required to work constituted sufficient notice of alternative holidays under s39(2); the Presiding Officer's requirement that the employer must label which exact rostered day corresponded to a statutory holiday was too narrow and unnecessary. Whether clause 7(C) formed part of the contract did not affect the outcome because the statutory notice/roster sufficed.