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Per incuriam: the decision on the overtime claim in Leung Ka Lau v Hospital Authority

Majid, Abdul, Gul, Reza Jashen, Ho, Sandra and Sun, Sunny 2011, Per incuriam: the decision on the overtime claim in Leung Ka Lau v Hospital Authority, Hong Kong law journal, vol. 41, no. Part 3, pp. 697-729.

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Title Per incuriam: the decision on the overtime claim in Leung Ka Lau v Hospital Authority
Formatted title Per incuriam: the decision on the overtime claim in Leung Ka Lau v Hospital Authority
Author(s) Majid, Abdul
Gul, Reza Jashen
Ho, Sandra
Sun, Sunny
Journal name Hong Kong law journal
Volume number 41
Issue number Part 3
Start page 697
End page 729
Total pages 33
Publisher Sweet & Maxwell Asia
Place of publication Hong Kong
Publication date 2011
ISSN 0378-0600
Summary In Leung Ka Lau v Hospital Authority the plaintiffs were doctors who claimed compensation for, inter alia, enforced overtime extracted without pay from them by their employer, the defendants. The Court of First Instance, the Court of Appeal and the Court of Final Appeal dismissed their overtime claims on purely the terms of their contracts of employment. This paper argues that the decisions of all three courts on the overtime claims were made per incuriam because their attention was not drawn to the applicable statutory provisions which would have invalidated the contractual provisions on which the courts rested their decisions. The paper sketches the socio-economic and ethical basis of overtime work and pay before proceeding to analyse the common law (contractual) basis of the judgments, traces the history as well as undertakes construction of the statutory provisions which, if taken into account, would have seen the plaintiffs succeeding.
Language eng
Field of Research 180118 Labour Law
1801 Law
Socio Economic Objective 940407 Legislation
HERDC Research category C1.1 Refereed article in a scholarly journal
ERA Research output type C Journal article
Copyright notice ©2011, The Authors
Persistent URL http://hdl.handle.net/10536/DRO/DU:30084562

Document type: Journal Article
Collection: Law
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