22 Jun 2010
FONG ANNE v. HONG KONG ADVENTIST HOSPITAL
- Citation
- FONG ANNE v. HONG KONG ADVENTIST HOSPITAL
- Court
- Court of First Instance
- Case number
- HCLA33/2009
Court held that the Presiding Officer erred in law by treating unpaid voluntary stand-by as contractual hours and by applying paragraph 3(2)(b) without evidence of a global contract/mutuality; the Hospital discharged its burden to show six weeks of unexplained absence (three within the crucial 24 months) thereby breaking continuity and disqualifying the claimant from statutory severance although the finding of dismissal by redundancy was supported by evidence; claims on hours requiring detailed factual findings (annual leave, holiday pay, sickness allowance) were remitted to the Labour Tribun…