6 Nov 2009
HO KIT MAN JENNY v. CATHAY PACIFIC AIRWAYS LTD
- Citation
- HO KIT MAN JENNY v. CATHAY PACIFIC AIRWAYS LTD
- Court
- Court of First Instance
- Case number
- HCLA5/2009
The Court held that LDA, GDA and DFSC are not part of 'daily wages' for the purposes of ss 41(2) and 41C(2) because they do not accrue and are not calculated on a daily basis; the Outport Allowance is a non-accountable pre-estimate to defray employment-related expenses and falls within exception (d) to the statutory definition of 'wages' and is excluded; the Tribunal's orders including those allowances were set aside and the claimants' cross-appeals on OA were dismissed; the finding that Ms Ho was hourly‑paid and had received no statutory holiday pay was reversed.