1 Mar 2006
LEUNG KA LAU AND OTHERS v. THE HOSPITAL AUTHORITY
- Citation
- LEUNG KA LAU AND OTHERS v. THE HOSPITAL AUTHORITY
- Court
- Court of First Instance
- Case number
- HCA1924/2002
The court held that the overtime/time-off-in-lieu claims fail because doctors are contractually and administratively subject to the fixed-rate Honorarium Scheme and HRPM exclusions which demonstrate they are not entitled to overtime allowance or time-off in lieu; however, resident on-call duties constitute work and deprivation of rest days and statutory/public holidays succeeded for the full six-year limitation period. The Honorarium Scheme did not and cannot lawfully extinguish statutory rest-day rights, and estoppel/conduct arguments by the HA fail. Remedies are to be monetary damages (time…