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Hong Kong court upholds summary dismissal in light of employees secret business
17 December 2021In the case of Cosme De Net Co Ltd v Lam Kin Ming [2021] HKDC 445, the Court of First Instance upheld an employer’s decision to summarily dismiss an employee who ran a competing business in secret.
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Hong Kong employers to brace for change
10 February 2022In this article, we will cover the government’s proposed amendments to the Employment Ordinance (“EO”) as part of its continuing efforts to fight the endemic, and the latest development on abolishing the Mandatory Provident Fund (“MPF”) offsetting mechanism.
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Hong Kong government tables bill to abolish Mandatory Provident Fund
07 March 2022There is finally visibility on how the government proposes to sunset the controversial Mandatory Provident Fund (“MPF”) offsetting mechanism as the long-awaited Employment and Retirement Schemes Legislation (Offsetting Arrangement) (Amendment) Bill (“Bill”) was tabled to the Legislative Council on 23 February 2022. The government hopes that the law will be finalised within the current government office term and expects the mechanism to be abolished by 2025. This article provides a summary of the key changes and some key takeaways for employers.
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What Hong Kong employers need to know about the Employment Amendment Bill 2022
21 March 2022The government recently published the Employment (Amendment) Bill 2022 to amend the Employment Ordinance (“Amendment”). The Amendment will come into force on a date to be determined after it is enacted by the Legislative Council and it is expected that this will take place soon. The Amendment is a timely response to the outbreak of the fifth wave of COVID-19 in Hong Kong and this article summarises what employers need to know.
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Unfair dismissal tribunal in UK awards
23 March 2022In unfair dismissal claims, whilst orders for re-employment are rare, they can be very lucrative for claimants. In particular those who are high earners stand to benefit considerably as the maximum compensatory award for unfair dismissal (currently £89,493) does not apply which can lead to very large pay-outs as in the case of Jones v JP Morgan Securities plc.
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High Court in Hong Kong gives permission for witnesses to give video evidence
10 April 2022The High Court in Hong Kong has granted an application allowing witnesses based abroad to give evidence by video conferencing, even though the flight ban has been lifted.
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Catherine Leung and Lewis Silkin recognised in the Doyles Guides Awards 2022
24 May 2022We are delighted to announce that Catherine Leung has been recognised as a Leading Lawyer and Lewis Silkin has been awarded a Second Tier ranking in Employment & Labour in the Doyles Guides awards 2022.
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Hong Kong Government lifts compulsory quarantine requirement what employers need to know
26 September 2022New relaxed rules for inbound travellers
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Think twice before filing an employment related claim directly to the High Court
27 June 2023Lewis Silkin’s litigation team acting for the Defendant was successful in striking out a claim brought before the High Court and also successfully resisted an appeal against the Master’s decision to strike-out the Plaintiff’s claim.
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Unveiling the Struggles of Hong Kongs Invisible Workforce
12 March 2024According to government statistics as of 2022, there are more than 338,000 foreign domestic workers (“FDWs”) in Hong Kong, which accounts for almost 5% of Hong Kong’s population. Nearly 10% of households in Hong Kong depend on FDWs for housekeeping and to look after their family members. As such, FDWs are more than just employees; they are the backbone of many households. However, despite the significant role they play in our society, FDWs face a myriad of challenges. This article explores the legal and social challenges they must navigate.
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Auctioning off privacy
21 June 2024A well known auction house with operations in Hong Kong was recently hit by a major cyberattack, resulting in a shutdown of its website just days before its spring auctions began. The ransomware group, RansomHub, claimed to be behind the cyberattack and threatened to release sensitive personal information of at least 500,000 clients worldwide unless a ransom was paid.
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HK CFI finds investment bank did not breach implied terms of employment contract
10 September 2024In Yang Zhizhong v. Nomura International (Hong Kong) Limited, [2024] HKCFI 2192 the Court of First Instance dismissed a claim by a former senior employee for discretionary bonus, unvested bonus awards and wrongful termination.
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Winning the talent war in Hong Kong
09 October 2024The last three years has seen a seismic shift not only in the way employees want to work in Hong Kong but also in the labour pools which are available to employers. Post-covid remote working, an ageing workforce, an exodus of expatriates and Hong Kongers leaving following the implementation of the National Security Law and a general skills shortage means competition in Hong Kong is fierce and employers are having to strategise how to address the issue of talent and staff retention to remain competitive.
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Hong Kong In-house Community Congress 2024 - Key Takeaways
22 October 2024Our experienced team comprising employment specialists Catherine Leung and Matthew Durham, along with disputes partner Kenix Yuen presented on “Conducting Internal Investigations with Confidence”. During the session, they covered the life cycle of an internal investigation, highlighting the specific legal, logistical, strategic, and practical issues that in-house lawyers need to consider when dealing with allegations and complaints.