Our July update includes: an update from Hong Kong and the recent case of Law Ting Pong Secondary School v Chen Wai Wah [2021] CA 873. The case follows the UK position in Cavendish Square Holding BV v Talal El Makdessi [2016] AC 1172, and considers whether notice clauses in contracts of employment (including those … Read more

For some time, we’ve seen a gradual increase in employee mental health issues in the workplace and, the events of last year have accelerated this. A survey conducted by the Mental Health Association of Hong Kong, together with Tung Wah College released in June 2021 found that over 60% of Hong Kong employees interviewed, suffered … Read more

Where there is an ongoing investigation into the alleged misconduct of an employee, the employer wish to suspend an employee’s duties until the investigation is concluded. In Lengler Werner v Hong Kong Express Airways Ltd [2021] HKCFI 1333, the Court of First Instance (“CFI”) clarified the scope of an employer’s right under the Employment Ordinance … Read more

Our June update covers the following developments: a recent case in Hong Kong illustrates the need to conduct prompt and thorough internal investigation – read the case summary here. many employers are struggling with employee mobility at the moment as borders remain closed or subject to tighter immigration controls. For those seeking to bring foreign … Read more

In the recent case of Cosme De Net Company Limited v Lam Kin Ming [2021] HKDC 445, [2021] HKEC 1655, an employee had been engaging in secret business in contravention of his employment terms. Upon discovery of the potential misconduct, an internal investigation was carried out revealing compelling evidence of serious misconduct leading to the … Read more

Like many jurisdictions, Hong Kong has various statutory measures in place to protect injured workers. It can be complex in understanding the scope of various protections and what employers can and cannot do when managing the employment of an ill or injured employee. This Safety Snapshot highlights the key protections and provides practical tips for … Read more

This month our update covers: the PRC’s new regulations for Financial Holding Companies, and the need to exercise control over the appointment and management of directors, supervisors and senior managers – here. Our Hong Kong update considers the safety landscape and in particular the protections afforded to ill and injured workers. India’s labour reforms: the … Read more

Following a three-month industry consultation period, the Hong Kong Monetary Authority (HKMA) has released the Consultation Conclusions Paper on Implementation of Mandatory Reference Checking Scheme to Address the “Rolling Bad Apples” Phenomenon (Consultation Conclusions) dated 3 May 2021. Through the mandatory reference checking scheme (MRC Scheme), the HKMA will establish a common protocol for reference … Read more