KWAN SIU WA BECKY v. CATHAY PACIFIC AIRWAYS LTD

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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J U D G M E N T

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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.