37 lines
2.1 KiB
YAML
37 lines
2.1 KiB
YAML
plaintiff:
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- KWAN SIU WA BECKY
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- WU YEE MEI VERA
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- HO KIT MAN JENNY
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defendant:
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- CATHAY PACIFIC AIRWAYS LIMITED
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case_reason: Claims regarding the calculation of statutory holiday pay (SHP) and annual leave pay (ALP) following the introduction of the Employment (Amendment) Ordinance (EAO), specifically concerning the interpretation of provisions in sections 41 and 41C of the Employment Ordinance.
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judgment_summary: The Labour Tribunal heard three consolidated claims (LBTC 2827/2008, 2828/2008 & 2829/2008) concerning the proper calculation of statutory holiday pay and annual leave pay under the amended Employment Ordinance. The case involved interpretation of sections 41 and 41C which define "wages" and establish the methodology for calculating daily rates of holiday pay and annual leave pay. The decision addressed the calculation period (12 months or shorter period) and the treatment of various types of paid leave days in the wage calculation. A corrigendum was issued on 22 January 2009 to correct the quoted provisions of sections 41 and 41C.
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jurisdiction_code: HKLAT
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jurisdiction_name: Labour Tribunal of the Hong Kong Special Administrative Region
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case_location: Hong Kong Special Administrative Region
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case_object:
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- Statutory holiday pay calculation
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- Annual leave pay calculation
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- Employment rights under Employment Ordinance
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judgment_result:
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- charge: Claims regarding statutory holiday pay and annual leave pay calculation
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result: Decision on liability rendered on 12 January 2009 (specific outcome not detailed in excerpt)
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involved_entities:
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- entity_name: Pang Ka Kwong
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reason: Deputy Presiding Officer who heard the case and rendered the decision
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- entity_name: Yau Wai-yuen
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reason: Clerk to the Deputy Presiding Officer who issued the corrigendum
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- entity_name: Employment (Amendment) Ordinance
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reason: Legislative amendment that changed the provisions for calculating statutory holiday pay and annual leave pay
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- entity_name: Employees' Compensation Ordinance (Cap. 282)
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reason: Referenced legislation regarding compensation for temporary incapacity
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