20 Oct 2009
LEUNG KA LAU AND OTHERS v. THE HOSPITAL AUTHORITY
- Citation
- LEUNG KA LAU AND OTHERS v. THE HOSPITAL AUTHORITY
- Court
- Court of Final Appeal
- Case number
- FACV23/2008
The Court held that the letters of appointment, read with HRPM/HRAM and the history of the honorarium and overtime schemes, do not confer on doctors (who are ineligible for overtime allowance) an open-ended contractual entitlement to time off in lieu or monetary compensation beyond their contractual remuneration; accordingly overtime/additional overtime claims fail. However, rostering doctors on non-resident on-call that prevents entitlement to a rest day or statutory/public holiday breaches the Employment Ordinance and, where such day is not practicably replaced, damages equivalent to a full…