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As discussed in a previous Snapshot, when employees are absent from work due to injury or illness, it can also significantly impact business operations. Following an employee’s prolonged absence, the next challenge is to ensure a successful transition back to work. This Safety Snapshot highlights the key considerations for employers in balancing their legal duties, … Read more
For some time, we’ve seen a gradual increase in employee mental health issues in the workplace and the events of last year have accelerated this. A survey conducted by the Mental Health Association of Hong Kong together with Tung Wah College released in June 2021 found that over 60% of Hong Kong employees interviewed, suffered … Read more
In a notable judgment (Law Ting Pong Secondary School v Chen Wai Wah [2021] CA 873), the Hong Kong Court of Appeal (CA) has adopted the modern approach to penalty clauses handed down in the UK Supreme Court in Cavendish Square Holding BV v Talal El Makdessi [2016] AC 1172. The recent appellate decision has … Read more
Where there is an ongoing investigation into the alleged misconduct of an employee, the employer wish to suspend an employee’s duties until the investigation is concluded. In Lengler Werner v Hong Kong Express Airways Ltd [2021] HKCFI 1333, the Court of First Instance (CFI) clarified the scope of an employer’s right under the Employment Ordinance … Read more
In the recent case of Cosme De Net Company Limited v Lam Kin Ming [2021] HKDC 445, [2021] HKEC 1655, an employee had been engaging in secret business in contravention of his employment terms. Upon discovery of the potential misconduct, an internal investigation was carried out revealing compelling evidence of serious misconduct leading to the … Read more
Like many jurisdictions, Hong Kong has various statutory measures in place to protect injured workers. It can be complex in understanding the scope of various protections and what employers can and cannot do when managing the employment of an ill or injured employee. This Safety Snapshot highlights the key protections and provides practical tips for … Read more
A busy start to 2021 for Hong Kong employers with a number of new changes coming into effect or on the horizon. The Government has recently announced that employers can now seek reimbursement for the additional statutory maternity leave which came into effect in December 2020. From next month, new mothers will also benefit from … Read more
We have seen now different countries rolling out various COVID-19 vaccinations. Employers and employees are keen to see some sort of semblance of how things were or at least a lifting of restrictions, but with such novel vaccines there are many questions that are still unanswered. By now, many Hong Kong employers will have established … Read more
In the recent case of Luk Wing Yan v CMB Wing Lung Bank Ltd [2021] HKCFI 279, the Hong Kong Court of First Instance (the “Court”) found that the defendant bank (the “Bank”) was not liable for losses caused to an investor arising out of investments offered by an employee of the Bank which turned … Read more
