HONG KONG: EXTENDING EMPLOYMENT BENEFITS TO SAME-SEX COUPLES

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

HONG KONG: DATA ACCESS REQUEST OR PRE-ACTION DISCOVERY IN DISGUISE?

Employers control the extent of information that they provide employees – from how well they are meeting KPIs, to internal discussions about grievances, remuneration and disciplinary actions. In the majority of cases, employers have no obligation to provide to employees information setting out the basis for remuneration or disciplinary outcomes including information which is part … Read more

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 their losses from employees guilty of wrongdoing. An employer did just that in the recent … 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 to dominant purpose, waiver and iniquity and the lessons that they provide to employers in … Read more