Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Time-off in lieu
  • 21 Jan 2008

    LEUNG KA LAU AND OTHERS v. THE HOSPITAL AUTHORITY

    Citation
    LEUNG KA LAU AND OTHERS v. THE HOSPITAL AUTHORITY
    Court
    Court of Appeal
    Case number
    CACV57/2007

    The Court of Appeal held that the plaintiffs' general overtime claim failed: HRPM read as a whole and in context (including HRAM and the Honorarium Scheme) does not give doctors at the relevant grades an open-ended contractual right to time-off in lieu or cash for all on-call periods; the Honorarium Scheme operates as the fixed compensation regime for doctors in eligible units and Chapter E4 must be read compatibly so time-off is the primary remedy where operationally practicable within a reasonable period but does not ripen into an unfettered future right where it cannot be granted; being on…