Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Roster systems

Legal area

Court

13 Jan 2020

MACKINLAY ANDREW ANTONY v. HONG KONG DRAGON AIRLINES LTD

Citation

[2020] HKDC 64
Court

District Court
Case number

DCCJ2228/2016

Rostered non-active days that are designated off-duty within an integrated roster system are to be treated as days on which the employee was paid wages or full wages and therefore are not to be disregarded under s.41/s.41C (unless they are statutory rest/holiday/substituted/alternative holidays); suspension (SU) days are to be disregarded under Type 3; accommodation allowance paid as cash assistance for the employee's own housing is 'wages' and must be included/deducted under s.41(6)/s.41C(6); the plaintiff is not contractually entitled to separate Excess Leave Pay outside the roster-built mo…
2 Nov 2005

TAM WAI MEI v. CATHAY PACIFIC AIRWAYS LTD

Citation

TAM WAI MEI v. CATHAY PACIFIC AIRWAYS LTD
Court

Court of Appeal
Case number

CACV232/2005

The Court held that the employer complied with the Employment Ordinance: providing a roster in advance that showed days the employee was not required to work constituted sufficient notice of alternative holidays under s39(2); the Presiding Officer's requirement that the employer must label which exact rostered day corresponded to a statutory holiday was too narrow and unnecessary. Whether clause 7(C) formed part of the contract did not affect the outcome because the statutory notice/roster sufficed.