quadspeed
What planet are you living on? CX are laughing all the way to the bank not having to pay expat terms to new pilots. The reality is they are using the RDO as an excuse not to pay expat terms. I don’t know how many times I have to say this but the RDO doesn’t even apply as cadets were never employed based on race. Prior to the iCadet scheme cadets were employed because they had the right to live in Hong Kong, not because of their race. Even though most cadets were Hong Kong Chinese, many weren’t. This on its own is all the evidence that is required cadets weren’t employed based on their race but on their right of abode in Hong Kong and therefore demonstrating the RDO doesn’t apply. They were discriminated based on their employment stream, not their race and the RDO doesn’t cover discrimination based on employment stream.
Even if the RDO did apply which I believe it doesn’t, section 13 “Exception for employment of person with special skills, knowledge or experience”, still allows employers in Hong Kong to pay expat terms and conditions to new employees if they bring special skills, knowledge or experience to Hong Kong that aren’t readily available in Hong Kong. Pilots with any depth of experience, i.e. DESO/FO’s definitely aren’t readily available here. Based on this any new pilots that would have qualified for the DESO/FO employment stream would still be allowed expat terms under the RDO section 13.
I find it more than a coincidence that the moment 90 or so cadets a few years ago joined the AOA on mass and pushed the AOA GC to fight for expat terms and conditions based on the RDO, the company withdrew all expat terms and conditions for all new hire pilots. The reality was they were barking up the wrong tree because even if the RDO was applicable, section 14 “Exception for existing employment on local and overseas terms of employment”, allowed the company to continue to discriminate against any employee employed before 10th July 2009.
RACE DISCRIMINATION ORDINANCE