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Social media posts highlight workplace sexual harassment
In January, the media noted social media posts about a female employee from a Korean chain restaurant who complained about an alleged sexual harassment by her branch manager and co-workers. This was said to involve nicknames and comments of a sexual nature about her physical…Read More
Factors in deciding damages for “injury to feelings” in discrimination cases
Under express statutory provisions in each of the anti-discrimination ordinances of Hong Kong, a successful claimant may be awarded damages for “injury to feelings” in addition to other remedies. In this regard, Hong Kong follows the Vento scale established in the English case of Vento…Read More
Employment Law: 2024 Year in Review
From the spread of AI usage in the workplace to the government’s policy address setting the direction of the development of the employment market for the coming years, 2024 has been a busy year for employers and employees. At Tanner De Witt we have been…Read More
Legal Update: Court rejects Deliveroo rider’s claim as employees
Web-Platform workers such as Uber drivers and food delivery ‘riders’ are part of a new and developing group in Hong Kong, which has greatly expanded during and following the COVID-19 pandemic. The District Court case of Gurung, Sanjayaman v Deliveroo Hong Kong Limited [2024] HKDC…Read More
Risk of not handling discrimination complaints properly. Victimisation claim even where the discrimination case is dismissed.
The English Employment Appeal Tribunal (“EAT”) judgment in Miss E Carozzi v University of Hertfordshire and Ms A Lucas [2024] EAT 169 (“Carozzi”) is a recent example demonstrating that victimisation claim can arise even where the underlying discrimination claim may not be meritorious and in…Read More
Legal Update: Damages awarded for employee’s breach of fiduciary duties
In Green Light Multiplex Co. Ltd v Lam Shi Yan and Another [2024] HKCFI 2101, the Court of First Instance considered a dispute of an employee being alleged of breaching his fiduciary duties and an employer being alleged of breaching the implied duty of mutual…Read More
Legal Update: Key Points on Employment Issues from 2024 Policy Address
In the 2024 policy address by the Chief Executive of Hong Kong SAR, a number of notable employment related issues were mentioned. We summarise the key issues below: Statutory Severance/ Long Service Payment Protection of Wages on Insolvency Fund Statutory Minimum Wage Employment Ordinance Russell…Read More
Legal Update: The Court confirms that employer’s duty of trust and confidence does not apply to the right to terminate
In the recent decision of Yang Zhizhong v Nomura International (Hong Kong) Limited [2024] HKCFI 2192 handed down by the Court of First Instance, the employer was successful in defending against the claims of breaches of implied terms of the employment contract. In that case,…Read More
Overview of Anti-Discrimination Laws in Hong Kong
By way of summary, we set out below a brief overview of major aspects of the laws relating to unlawful discrimination and harassment in Hong Kong. Where relevant we have also embedded links to other more detailed descriptions of aspects of the law governing these…Read More
Legal Update – Beware of the Risk of Sex Discrimination in Job Advertisements
“Female migrant workers from Guangdong Province will be given priority” (original Chinese wording: 「廣東省新移民女工優先」) is a sentence that appeared in a recent job advertisement for various positions in a dumpling restaurant chain in Hong Kong (see this link to the news report from 24 September…Read More
AI in the workplace: Employment law risks from using AI
The use of Artificial Intelligence (“AI”) can provide benefit to all sectors of the economy. This requires AI to be deployed in workplaces. Employers and HR teams must be mindful of ethical and privacy risks that arise from the use of AI in recruitment and…Read More
The Hong Kong Market Entry Playbook
Hong Kong has a long history as a business-friendly location and regional hub to access markets in China and the Asia Pacific region. In this article, we explain key points about Hong Kong as a regional and international business centre, and how to establish your…Read More
