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In a recent Hong Kong District Court decision Chow Kai Yan v Kingsway Cars T Service Ltd [2022] HKDC 165, the Court confirmed that an employee who suffered a stroke at work had not sustained an “injury by accident” which would entitle him to statutory compensation under the Employees’ Compensation Ordinance (Cap.282) (ECO). This case … Read more
Fatim Jumabhoy and Shivchand Jhinku focus their predictions on four key areas, particularly as consumer companies grapple with their post-covid positions, including managing employee wellbeing, return to work issues, increasing bullying and harassment claims and the rise in employee activism. They note some surprising trends and research outcomes, including the interdependency between each of the … Read more
On 15 June 2022, the Hong Kong Legislative Council passed the Employment (Amendment) Bill 2022 (Bill), which has been introduced by the Hong Kong Government in February 2022 – during the outbreak of the fifth wave of Covid-19 in the city. The Bill will come into force on a date to be gazetted and will … Read more
The long-awaited changes, which will abolish the current MPF offsetting arrangements against severance or long service payment, have been published, introduced and passed as one of the first bills for the 2022 legislative session. This article gives an overview of the changes and transitional arrangements. Abolishing the offsetting arrangement Currently, employers are permitted to offset … Read more
Our May update covers the following: with lockdowns continuing in different provinces of the PRC, we look at the employment implications, and how employers can prepare – see here. in Singapore, the case of Uday Mehra v L Capital Asia Advisors and Others [2022] SGHC 23 considers when it is reasonable for an employee to … Read more
In a recent District Court decision C v The Chinese University of Hong Kong [2022] HKDC 77, the Court considered whether the University’s decision to discontinue the studies of a student, C, who suffered from mental health conditions, was discriminatory. This case provides helpful guidance on navigating employment decisions, such as whether dismissal or disciplinary … Read more
Our April update covers the following: recent developments in Hong Kong in the mental health and discrimination space: read our summary of C v The Chinese University of Hong Kong here in the PRC, our dual language article focuses on the development of a new trade secrets law in Singapore, the case of Dong Wei … Read more
Our March update covers the following: a review of the recent case of MAK v LA [2022] HKCFI 285 in Hong Kong, which considered conflicting dispute resolution clauses in an employment contract and bonus letter, and the need for employers to adopt express, clear and consistent provisions in the PRC, the central government continues to … Read more
Following on from the popular investigations, series (click here if you missed it) we are pleased to announce a new health & safety series, which will focus on trends, duties, and liability and mitigation strategies across the region. There has been a steady increase in regulation in the safety space across Asia, and businesses are … Read more
