Asia Employment, Pensions and Incentives Update April 2021

This month the Asia EPI bulletin starts with a look at a new case in Singapore in which an employee was awarded SGD $1.4million in damages for unlawful dismissal. A timely reminder to ensure that employers follow due process when terminating employment, even in supposedly employee-friendly jurisdictions. You can read the case update here. Continuing … Read more

Hong Kong: HR Agenda for the year of the OX

Last year was full of the unexpected. In this bulletin, our Hong Kong employment team reflects on some key themes that emerged last year and considers how these will keep Hong Kong employers busy in the year ahead. Health and safety As the global pandemic continues, worker health and safety will continue to dictate working … Read more

Asia Employment, Pensions and Incentives Update January 2021

Happy New Year! Hopefully 2021 is a brighter and better one for all. Our first Asia Employment, Pensions and Incentives update of 2021 covers: the recent Supreme Court decision in Thailand, that found that forwarding confidential work documents to a personal email account amounted to disclosure, even though there was no evidence that the documents … Read more

DIFC Court: Whistleblowing Protections – A follow up from the Court of Appeal

The Court of Appeal reconsiders the CFI’s power to grant damages for breach of whistleblowing protections. Last April, we reported on the judgment of the Court of First Instance (“CFI“) of the Dubai International Financial Centre (“DIFC”) in the case of Bassam Khalifa v S.W.I.F.T (Dubai) Limited (the “CFI Decision”). The CFI Decision indicated that the CFI has the power … Read more

Asia Employment, Pensions and Incentives Update December 2020

It’s the final Asia EPI e-bulletin of the year, and what a year it has been! Our Asia Employment, Pensions and Incentives update this month covers: the recent Court of Appeal judgment in Singapore, which considers what amounts to confidential information and what a business must show to claim damages for a breach; the changes … Read more

Asia Employment, Pensions and Incentives Update October 2020

Our Asia Employment, Pensions and Incentives update this month covers: our Compliance Check in Singapore, looking at the subtle changes to the Tripartite Advisory on Managing Excess Manpower and Responsible Retrenchment; our dual-language article on the differences in limitation periods between civil cases and labour disputes in the PRC; the recent case of Yung Wai … Read more

Hong Kong: Executive double-hatting and deemed employment risks

Having executives work across group companies is common as it can allow operational and cost efficiencies while keeping the underlying employment relationships simple. In its recent decision in Yung Wai Tak Abraham William v Natural Daily (NZ) Holdings Ltd [2020] HKCFI 2067, the Court of First Instance of the High Court (“CFI”) found a group List Co … Read more

Hong Kong: Resignation, Repudiation or Dismissal?

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 resignation given … Read more