Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Working hours
  • 28 Nov 2007

    WONG YIN FONG v. ISS HONG KONG SERVICES LTD

    Citation
    WONG YIN FONG v. ISS HONG KONG SERVICES LTD
    Court
    Court of Appeal
    Case number
    CACV406/2005

    The Court upheld concurrent factual findings that the 11:00pm–7:00am shift in the written and MTRC contract was the contractual working hours and the early leaving practice was an indulgence not a contractual term; the employer's redeployment clause lawfully permitted transfers to posts requiring work until 7:00am and thus there was no repudiatory breach or constructive dismissal; attendance bonus is part of wages under the Employment Ordinance and therefore forms part of annual leave pay; nondisclosure of certain documents did not produce a substantial miscarriage of justice sufficient to ov…