21 Jan 2008
LEUNG KA LAU AND OTHERS v. THE HOSPITAL AUTHORITY
- Citation
- LEUNG KA LAU AND OTHERS v. THE HOSPITAL AUTHORITY
- Court
- Court of Appeal
- Case number
- CACV57/2007
The Court of Appeal held that the plaintiffs' general overtime claim failed: HRPM read as a whole and in context (including HRAM and the Honorarium Scheme) does not give doctors at the relevant grades an open-ended contractual right to time-off in lieu or cash for all on-call periods; the Honorarium Scheme operates as the fixed compensation regime for doctors in eligible units and Chapter E4 must be read compatibly so time-off is the primary remedy where operationally practicable within a reasonable period but does not ripen into an unfettered future right where it cannot be granted; being on…