Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Fringe benefits
  • 14 Nov 2007

    CHAN KA LIM v. CHOW WAI KIN

    Citation
    CHAN KA LIM v. CHOW WAI KIN
    Court
    Court of First Instance
    Case number
    HCPI727/2004

    Court accepted the Plaintiff would use and reasonably require the high-end Otto Bock prosthesis and awarded its full cost; affordability or likelihood of purchase was not to be considered in assessing necessity. Court treated the HK$8,000 monthly payment by the brother as salary deductible against gross earnings for loss calculations. Court awarded specified sums for general damages, past and future pecuniary losses, care, therapies and aids, applied multiplier/multiplicand for future loss, and ordered interest; award reduced by 50% for contributory negligence resulting in net payable HK$4,44…

    • Loss of earnings
    • Prosthetic costs
    • Contributory negligence
    • Pain and suffering
    • Future care and medical expenses
    • Fringe benefits
  • 26 Apr 2004

    FERNANDES VILMA v. CATHAY PACIFIC AIRWAYS LTD

    Citation
    FERNANDES VILMA v. CATHAY PACIFIC AIRWAYS LTD
    Court
    Court of First Instance
    Case number
    HCLA40/2003

    The 1997 Concessional Travel Policy replaced the earlier Conditions of Service as the claimant had accepted the Policy; FOC tickets are a fringe benefit/privilege that can only be enjoyed while employment subsists (and require staff identification), so any outstanding but unused entitlement does not survive termination by the employer; therefore the claimant had no right to FOC travel after dismissal and the appeal is dismissed.

    • Concessional travel policy
    • Fringe benefits
    • Termination of employment
    • Contract variation
    • Employment ordinance s70