Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Rest day

  • 28 Nov 2022

    BRETON JEAN v. HK BELLAWINGS.JET LTD

    Citation
    [2022] HKCA 1736
    Court
    Court of Appeal
    Case number
    CACV101/2022

    The employment contract, including the incorporated OMA, treats 'standby' as a 'Duty Period'; therefore days on which the employee was designated to standby and required to be contactable and able to report within the contractual time are not 'days off' or 'rest days' under the contract; the Employment Ordinance 'rest day' concept is a relevant aid to construction and supports this result; accordingly the Judge was correct and the appeal dismissed.

  • 25 Feb 2022

    BRETON JEAN v. HK BELLAWAYS JET LTD

    Citation
    [2022] HKDC 173
    Court
    District Court
    Case number
    DCCJ3612/2017

    The court granted leave because the appellant established an arguable construction point on the proper meaning of 'day off' and 'standby' in OMA Rev 2 and related contractual provisions that has a reasonable prospect of success on appeal; factual findings at trial were otherwise upheld and the matter warrants appellate consideration.

  • 20 Oct 2009

    LEUNG KA LAU AND OTHERS v. THE HOSPITAL AUTHORITY

    Citation
    LEUNG KA LAU AND OTHERS v. THE HOSPITAL AUTHORITY
    Court
    Court of Final Appeal
    Case number
    FACV23/2008

    The Court held that the letters of appointment, read with HRPM/HRAM and the history of the honorarium and overtime schemes, do not confer on doctors (who are ineligible for overtime allowance) an open-ended contractual entitlement to time off in lieu or monetary compensation beyond their contractual remuneration; accordingly overtime/additional overtime claims fail. However, rostering doctors on non-resident on-call that prevents entitlement to a rest day or statutory/public holiday breaches the Employment Ordinance and, where such day is not practicably replaced, damages equivalent to a full…