Cathay Pacific has won an appeal to overturn an award against it for not providing a member of its ground crew with compensation for public holidays. Court of Appeal Judge Anthony Rogers said a lower court's confirmation of a $25,069.50 award to Tam Wei-mei for Cathay's alleged failure to award her statutory holidays was wrong and short on merit. That judgment, delivered by Mr Justice David Yam Yee-kwan in the Court of First Instance in June, had affirmed the Labour Tribunal's decision to compensate Ms Tam for lost public holidays between September 16, 1998 and February 16 last year. Ms Tam had complained last year that the airline had not given her compensation for statutory public holidays worked for the entire 51/2 years of her employment. But Cathay had argued she had received the days off because the airline gave her two rest days a week, or 104 days a year - 40 more than the statutory minimum. It agreed that as a shift worker she was required to work public holidays that did not coincide with her rostered days off but noted she was paid a little bit more than twice her normal wage for those days. Cathay argued Mr Justice Yam was wrong to find that none of the extra 40 days off could be considered compensation leave for public holidays worked. Mr Justice Rogers agreed, saying there was little merit to the woman's argument as she was already being given 104 days off a year, and being paid double time for working on public holidays. 'The underlying merit of this case is difficult to find,' Mr Justice Rogers said.