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
As working from home becomes the new normal, business and employees should be reminded of their key obligations in respect of employees working away from the office under Hong Kong’s safety laws. In Hong Kong, an employer has a duty to “so far as reasonably practicable”, ensure the safety and health at work of all … Read more
The UK Employment Appeal Tribunal (EAT) recently ordered an employer to disclose its external lawyer’s comments in relation to the dismissal of an employee. The EAT held that the employer waived privilege in redacted parts of a draft dismissal letter setting out its lawyer’s comments, as a result of the employer’s decision to rely on … Read more
The scope for springboard injunctions in Hong Kong has been confirmed by the Hong Kong Court of First Instance (CFI) as extending to circumstances where contractual or fiduciary duties have been breached. The CFI found, in McLarens Hong Kong Ltd v Poon Chi Fai Corey, that a breach by senior employees of their fiduciary duties … Read more
On 6 June 2019, the Hong Kong Court of Final Appeal ruled that the Hong Kong Government could not deny spousal benefits to employees because they are in a same-sex marriage. The Court’s decision only applies to the provision of employee benefits to government employees, but it has increased local focus on discrimination based on … Read more
