Kwan Siu Wa Becky v. Cathay Pacific Airways Ltd
Read the full judgment text of HCMP 2362/2009 on BabelCite. This High Court CFI judgment.
1. We are satisfied that the issue whether the Outport Allowance, Line Duty Allowance, Ground Duty Allowance and Duty Free Sales Commission are wages within the meaning of the applicable section 41(2) and section 41C(2) involves points of law of general public importance of which we shall grant leave.
Cites 1 case
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HCMP 2362/2009 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF APPEAL MISCELLANEOUS PROCEEDINGS NO. 2362 OF 2009 (On an Intended Appeal from HCLA 3, 4, 5, 7, 8 and 9 of 2009) HCLA 3/2009 ----------------------
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---------------------- Before : Hon Cheung and Kwan JJA in Court Date of Hearing : 16 April 2010 Date of Judgment: : 16 April 2010 ---------------------- J U D G M E N T ---------------------- Hon Cheung JA (delivering judgment of the court) : 1.We are satisfied that the issue whether the Outport Allowance, Line Duty Allowance, Ground Duty Allowance and Duty Free Sales Commission are wages within the meaning of the applicable section 41(2) and section 41C(2) involves points of law of general public importance of which we shall grant leave. 2.Likewise leave is granted of the issues, first, whether Ms Ho of the claimants is an hourly paid employee and following from that whether the employer is entitled to use ‘Days without Duties’ provision in the employment contract to discharge its duty to provide her with statutory holidays under the Employment Ordinance; and, second, whether the calculation of the contractual annual leave pay must be the same as the calculation of statutory annual leave pay. 3.Costs of the application to be in the cause of the appeal.
Mr. Ambrose Ho, SC and Mr. Erik Shum, instructed by Messrs Keith Lam Lau & Chan, for the Claimants Mr. Ashley Burns, SC, instructed by Messrs JSM, for the Defendant |
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