Hong Kong: Recovering bonuses from employees – part 2

In a previous article we discussed circumstances where an employer may seek damages against an employee who has engaged in serious misconduct or been seriously negligent at work. In the recent case of Xu Yi Jun v GF Capital (Hong Kong) Ltd [2020] HKCA 663, the Court of Appeal considered whether it is permissible for an employer to withhold … Read more

Asia Employment, Pensions and Incentives Update July 2020

As we hit mid year, the employment landscape across Asia has started to move away from only focussing on Covid-19 related emergency measures. Our Asia Employment, Pensions and Incentives update this month looks at: the recent decision in Malaysia in Ahmad Zahriv AIMS Cyberjaya Sdn BHd in relation to fixed term employment contracts; the restrictions … Read more

Australia: High income threshold now $153,600

From 1 July 2020, the high income threshold will be increased to $153,600. This amount is significant for 3 reasons: Unfair dismissal eligibility: Employees may have access to unfair dismissal if their annual rate of earnings is less than the high income threshold. Unfair dismissal compensation cap: Half the amount of the high income threshold … Read more

UK COVID-19: Chancellor confirms changes to Coronavirus Job Retention Scheme

The Chancellor has this evening confirmed the following changes to the Coronavirus Job Retention Scheme (CJRS): Claims for periods after 30 June 2020 will only be possible from employers who have previously used the scheme in respect of employees they have previously furloughed for a 3 week period ending no later than 30 June – … Read more

Australia: In the Rossato decision, the Court confirms overall relationship is still critical in determining casual employment; rejects ‘double dipping’ argument

In the long awaited decision of WorkPac Pty Ltd v Rossato [2020] FCAFC 84, the Full Federal Court finds ‘casual’ WorkPac employee entitled to leave and holiday payments. Background Robert Rossato was employed by labour hire company WorkPac Pty Ltd (WorkPac) as a casual coal mining worker across companies within the Glencore Group from 28 … Read more