HONG KONG: RECOVERING MONEY FROM DELINQUENT EMPLOYEES

Employers can suffer significant financial and reputational damage from the actions of their employees. While dismissal with or without notice is the most common recourse for serious misconduct or negligence, increasingly employers are looking to take stronger action by recovering… Read more

Employees & privilege: dominant purpose, waiver and iniquity

Two recent English decisions highlight the particular challenges when managing legal professional privilege in the context of resolving employee issues. We consider these decisions and how the principles may apply in Hong Kong and other common law jurisdictions in relation… Read more

Hong Kong: who owns employees’ work product

The law recognises that employees may create valuable intellectual property during their employment, ownership of which should ordinarily rest with their employer. The recent case of Acron International Technology Ltd v Chan Yiu Wai [2017] 3 HKLRD 799 demonstrates how… Read more

Hong Kong: immigration win for same-sex couple

In a landmark ruling, the Court of Appeal held that the Immigration Department's visa policy, insofar as it denies same-sex couples eligibility for consideration for a dependant visa, breaches the right to equality enshrined in article 25 of the Basic… Read more

PRC: local courts’ observations on labour disputes

Local courts in Beijing and Shanghai have recently issued whitepapers setting out their observations of employment cases and their positions regarding certain common employment legal issues for the year of 2015. Given Beijing and Shanghai are two of the biggest… Read more

You can’t keep a good man down

In the recent case of Eastern Athletic Association Football Team Ltd v Alessandro Ferreira Leonardo (HCA 2383/2015), the High Court refused to grant an interlocutory injunction to a football club, Eastern Athletic Association ("EAA"), to restrain one of its players… Read more

New class action law in Thailand

The Thai Civil Procedure Code has been amended to allow for class action suits to be brought by large groups of plaintiffs for breach of civil wrongs, including breach of tort, breach of contract and breach of labour rights. The… Read more

Second minimum wage increase in Hong Kong

On 16 January 2015, the Chief Executive in Council gazetted a legal notice to increase the statutory minimum wage in Hong Kong for the second time. Hong Kong's minimum wage is therefore set to increase from its current rate of… Read more

Australia: Employee dismissed over Facebook conduct – FWC

The Fair Work Commission has recently upheld the dismissal of a manager due to inappropriate content on his personal Facebook page. The decision is particularly interesting because the case involves an employee using social media in a personal capacity. Lisa… Read more

New rights for working fathers in Hong Kong

The Employment (Amendment) Bill 2014, proposing to legislate paternity leave in Hong Kong, has been gazetted today, 28 February 2014. The Bill proposes that working fathers be entitled to three days paid statutory paternity leave mirroring the arrangements applicable to… Read more

China’s New Labour Dispatch Regulations

New Provisional Regulations on Labour Dispatch were issued by the Ministry of Human Resources and Social Security on 24 January 2014. Labour dispatch practices, which involve a business choosing to outsource workers from third-party dispatch agencies rather than directly employing… Read more

Injunctions and Trade Secrets

The English High Court recently considered the test to be applied when deciding whether to grant an interim injunction against a former employee to prevent them from using their former employer's trade secrets. Given that the Hong Kong law on confidential… Read more

Japan: Yet more potential labour law reform

Following the recent election in Japan, the government is examining ways of introducing more flexibility in employment contracts. Steven Harwood looks at the various government proposals in this post. ... Read more

Singapore: Foreign hiring requirements to be tightened

Singapore’s Ministry of Manpower (MOM) recently announced that it will introduce new rules requiring firms to advertise job vacancies on a new ‘jobs bank’ administered by the Singapore Workforce Development Agency (SWDA) before a firm can apply for an Employment… Read more