7 Jan 2008
AU KWAI FUN, JUDY AND OTHERS v. CATHAY PACIFIC AIRWAYS LTD
- Citation
- AU KWAI FUN, JUDY AND OTHERS v. CATHAY PACIFIC AIRWAYS LTD
- Court
- District Court
- Case number
- DCEO4/2007
The court struck out the Statement of Claim and dismissed the action because (1) each Claimant had ceased employment after their last extension contract and the intervening Gap Years broke continuity so there was no continuing employment for SDO purposes up to final retirement at 55; (2) the 1999 re-employment offers constituted genuine settlement agreements containing waiver clauses which, as contracts settling claims to which s.76 applies, are enforceable under s.87(4) and extinguished the Claimants' SDO claims; and (3) the claims in any event were time-barred under s.86(1). The court furth…