In the recent decision of Lam Sin Yi Sindy v Leung King Wai William [2020] HKCFI 2525, the plaintiff challenged her former employer’s treatment of the termination of employment as a resignation. The decision is a useful reminder of the legal principles in relation to valid notice of termination and the perils of accepting a … Read more

In a previous article we discussed circumstances where an employer may seek damages against an employee who has engaged in serious misconduct or been seriously negligent at work. In the recent case of Xu Yi Jun v GF Capital (Hong Kong) Ltd [2020] HKCA 663, the Court of Appeal considered whether it is permissible for … Read more

In Hong Kong, an occupier who fails to maintain the premises they control in a safe condition may be held liable for the injuries or damage suffered by a visitor.  The duty of care owed by an occupier may overlap with an employers’ duty to protect the health and safety of their employees when employers … Read more

Late last year, the Hong Kong Stock Exchange issued its consultation conclusions on proposals to enhance the Environmental, Social and Governance (ESG) Reporting Guide and related Listing Rules. Significant changes in relation to disclosure of an organisation’s safety and labour practices will be in force for firms with a reporting period commencing on or after 1 July … Read more

June has been a busy month for employment updates in Hong Kong. Long awaited amendments to Hong Kong’s discrimination have taken effect from 19 June, with changes to maternity leave expected to pass soon. Measures to ensure ORSO schemes are genuinely employment-based will kick in on 26 June 2020. Finally, the applications for the first … Read more

The COVID-19 crisis continues to create significant health, social and economic challenges world-wide. Impacted businesses are facing decrease in demand, financial distress as well as supply chain difficulties. In Hong Kong, many organisations are moving past their initial response phase as employees begin to return to the workplace and businesses implement cost management measures to … Read more

Safety compliance is under increasing scrutiny in Hong Kong. As workplace accident rates remain high, the adequacy Hong Kong’s health and safety laws is under question and greater penalties are called for. At the same time, amendments to the Hong Kong Stock Exchange Environmental, Social and Governance Reporting Guide, make certain safety disclosures mandatory for … Read more

Responding to a workplace incident presents particular challenges to organisations as a number of complex actions must be commenced, often immediately and often simultaneously. While the health and safety of the injured person and others is the most immediate concern, organisations need to be aware of and adhere to their notification obligations. This safety snapshot … Read more