4 Dec 2023
EGNER DAVID PARKS AND OTHERS v. CATHAY PACIFIC AIRWAYS LTD AND ANOTHER
- Citation
- [2023] HKCFI 3126
- Court
- Court of First Instance
- Case number
- HCA244/2014
On proper construction clause 10.1/9.1 treats all Captains as one homogenous class so freighter‑only Captains can in principle trigger Command Bypass Pay, but plaintiffs were disentitled because they had effectively 'declined' command training (including by refusing to bid or declining offered courses); bypass pay is not a deemed promotion for annual increments; recruitment of DEFOs and offering of training are subject to Selection Panel and operational needs and did not breach contract; pleaded implied terms were unnecessary or inconsistent with express terms; accordingly all plaintiffs' cla…