Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Statutory entitlements calculation
  • 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…