Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Line duty allowance
  • 6 Nov 2009

    KWAN SIU WA BECKY v. CATHAY PACIFIC AIRWAYS LTD

    Citation
    KWAN SIU WA BECKY v. CATHAY PACIFIC AIRWAYS LTD
    Court
    Court of First Instance
    Case number
    HCLA7/2009

    Allowances that do not accrue and are not calculated on a daily basis (LDA, GDA, DFSC) do not qualify as 'daily wages' under ss.41(2)/41C(2) and therefore are not included in statutory holiday pay or annual leave pay; the Outport Allowance is a genuine pre-estimate to defray special expenses and is excluded from 'wages' under s.2(d); Ms Ho is not hourly paid and the Tribunal's conclusion that she received no statutory holiday pay was erroneous and is set aside.