HONG KONG SAFETY SNAPSHOTS: MANAGING EMPLOYEE MENTAL HEALTH

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

Hong Kong Court of Appeal embraces modern test for penalty clauses following UK Supreme Court in Cavendish when considering employer’s right to enforce termination notice provision

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

HR INVESTIGATION INSIGHTS: SUSPENSION OR ADMINISTRATIVE LEAVE?

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

HONG KONG SAFETY SNAPSHOTS: PROTECTIONS FOR ILL AND INJURED WORKERS

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

HONG KONG SAFETY SNAPSHOTS: MANDATING AND TRACKING EMPLOYEE VACCINATIONS

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

HONG KONG: HR AGENDA FOR THE YEAR OF THE OX

Last year was full of the unexpected. In this bulletin, our Hong Kong employment team reflects on some key themes that emerged last year and considers how these will keep Hong Kong employers busy in the year ahead. Read more