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Employment
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
Legal Update: Importance of Contemporaneous Records in Defending Against Discrimination Claim
In a recent decision of Guting, Joan Sarmiento, Deceased v Choy Chiu Yee Rita [2024] HKDC 747 handed down by the District Court, an employer was successful in defending against a disability discrimination claim by a domestic helper. It appears from the judgment that the…Read More
Tanner De Witt seeks Employment Lawyer (1-5PQE)
THIS POSITION IS CLOSED. WE ARE NO LONGER ACCEPTING APPLICATIONS. Tanner De Witt seeks a Hong Kong-qualified solicitor with 1-5 years PQE to join our Employment Department. Join one of the largest independent law firms in Hong Kong servicing a global client base with business…Read More
Tanner De Witt is delighted that our law firm has achieved consistent recognition in Chambers and Partners Greater China Region Guide 2024
Tanner De Witt is delighted that our law firm has achieved consistent recognition in Chambers and Partners Greater China Region Guide 2024. We are honoured to have maintained top-notch rankings for an impressive 14-year stretch. Big congratulations to our exceptional team for earning this well-deserved recognition. Restructuring & Insolvency:…Read More
Russell Bennett has been listed as Who’s Who Legal Recommended 2023
Russell Bennett, partner in our employment team has been listed as Who’s Who Legal Recommended 2023 for Labour Employment & Benefits in Mainland China, Hong Kong SAR and Macao SAR.
