Question
Gilbert was employed as one of the car park attendants for Lees office block. It was stated in his employment contract that he would have
Gilbert was employed as one of the car park attendants for Lees office block. It was stated in his employment contract that he would have to work a single shift on some public holidays at the usual rate (i.e. $100 per shift). On the first day of Chinese New Year this year, Lee asked Gilbert to patrol the car park for Johnny, another car park attendant, for one shift as Johnny was sick. Lee promised to pay Gilbert double-time (i.e. $200) for this shift on public holiday. Upon receipt of his salary for the month, Gilbert found that he only received the usual rate (i.e. $100) for the extra shift.
(i) Advise Gilbert whether he is legally entitled to the double-time pay (i.e. $200) as promised by Lee.
(ii) Would your answer be different if Gilbert was asked to patrol the car park for two shifts in a row during the first two days of the Lunar New Year?
Use case law to support the answers.
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