Hong Kong Case Law: Decisions & Judgments

Topic

Standby duty

Legal area

Court

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.
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…

Hong Kong Case Law

BRETON JEAN v. HK BELLAWINGS.JET LTD

BRETON JEAN v. HK BELLAWAYS JET LTD

BRETON JEAN v. HK BELLAWINGS JET LTD