Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Overtime inclusion
  • 17 Mar 2011

    KWAN SIU WA BECKY v. CATHAY PACIFIC AIRWAYS LTD

    Citation
    KWAN SIU WA BECKY v. CATHAY PACIFIC AIRWAYS LTD
    Court
    Court of Appeal
    Case number
    CACV92/2010

    LDA and GDA are wages for purposes of ss.41 and 41C because they accrue and are calculable on a daily basis; DFSC is also includible because commissions are earned when sales occur and are includible if they fall within the relevant wage period; Outport Allowance is excluded under s.2(d) as a sum payable to defray special expenses of employment; Ms Ho's claim as to inclusion of overtime in holiday pay requires remittal to the tribunal to determine whether the statutory overtime condition is satisfied for relevant wage periods.