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

Competition Tribunal hands down judgments finding first ever contraventions of the Competition Ordinance

On 17 May 2019 the Competition Tribunal (“Tribunal”) issued two much anticipated decisions in relation to the first and second cases brought before it by the Hong Kong Competition Commission (“Commission”). These judgments are noteworthy because, in addition to establishing the very first contraventions of the Competition Ordinance (“Ordinance”), they clarify a number of key issues. 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