4 Dec 2023
EGNER DAVID PARKS AND OTHERS v. CATHAY PACIFIC AIRWAYS LTD AND ANOTHER
- Citation
- [2023] HKCFI 3126
- Court
- Court of First Instance
- Case number
- HCA247/2014
The court held that the term "Captains" in the bypass pay clause covers both passenger and freighter-only captains (one common queue), but on the facts each plaintiff had declined or refused command training or failed to bid for freighter vacancies and therefore were disentitled to Command Bypass Pay; implied terms proposed by plaintiffs could not extend or override the express contractual regime; recruitment and promotion practices were consistent with the contracts; all plaintiffs' claims were dismissed and costs awarded to defendants subject to specified exceptions.