What have you got planned this weekend? Perhaps you are going for a staycation, planning for a hike, or simply spending some quality time at home, but the common expectation is that we should be able to freely decide how to spend our weekends and not be expected to work. In the recent case of Breton Jean v. H-K Bellawings Jet Limited, the employee was a pilot with no fixed work days, and he was required to be contactable by his work phone at all times except for when he was on annual leave. The question was whether the employee, on days when he didn’t have to fly, should be regarded as being placed on standby duty given he had to be contactable on his work phone, and had to report to work within a specified timeframe after being contacted. The Employment Ordinance defines a “rest day” to mean a continuous period of 24 hours during which an employee is entitled to abstain from working for his employer. Given the employee was required to be on call on days when he didn’t have to fly, so that he wasn’t able to abstain from work if his employer called him, the court ruled that those days could not qualify as rest days under the Employment Ordinance. The takeaways of the case are therefore as follows:
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