22 Jan 2021
BRETON JEAN v. HK BELLAWINGS JET LTD
- Citation
- [2021] HKDC 46
- Court
- District Court
- Case number
- DCCJ3612/2017
The Court held that the contractual terms (Clause 6 and OMA provisions) equated being contactable on the company phone with standby duty (subject to exceptions for scheduled annual leave/resting), and because no system existed to notify or allocate rest days the employer failed to provide the required rest days; the employee was therefore entitled to unpaid rest day pay assessed at HK$665,361.01 plus interest. Separately, the employer was justified in summarily dismissing the employee for abandonment/unauthorised absence from 8–13 December 2016, so the claim for payment in lieu of notice was…