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
- FACV22/2008
The Court held that (1) doctors have no contractual entitlement to open-ended time off in lieu or additional monetary compensation for non-resident on-call overtime beyond the remuneration in their letters of appointment and the incorporated HRPM/HRAM; (2) rostering doctors on-call defeats a 'rest day' and a statutory/public holiday as protected by the Employment Ordinance and entitles doctors, in default of an alternative day off, to damages equivalent to a full day's wages for each missed rest day or holiday; (3) honoraria do not extinguish the statutory contractual remedies; and (4) half-d…