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Employment
Legal Update: Proposed amendments to abolish MPF offsetting arrangement relating to statutory severance and long service payments
On 11 February 2022, the Government of the HKSAR published the Employment and Retirement Schemes Legislation (Offsetting Arrangement) (Amendment) Bill 2022 (the “Amendment Bill”) in the Gazette. The Amendment Bill was given the First Reading at the Legislative Council on 23 February 2022. Currently, employers…Read More
Recent District Court decision on whether ‘gweilo’ remark discriminatory
Introduction More than three years ago, we published an article on this site in respect of a District Court claim lodged by a British construction professional (the “Employee”) who alleged that his former employer (the “Employer”) had discriminated against him on the ground of his…Read More
Important points for making discrimination claims highlighted in a recent District Court case by a former student against a local university
The background The Claimant in the case of C v The Chinese University of Hong Kong [2022] HKDC 77 is a former postgraduate student in the Chinese University (the “University”) who was suffering from depression and generalized anxiety disorder during her studies. The Claimant’s studies…Read More
Results of 2022 Chambers Greater China Region Guide announced
Tanner De Witt is delighted once again to be recognised by Chambers & Partners in their inaugural 2022 Greater China Region Guide for each of its main practice areas. Please see full results and editorial commentary below. Corporate/M&A: Independent Hong Kong Firms (Band 2)Full ranking here. What the…Read More
Tanner De Witt seeks an Accounting Manager (15+ years’ experience)
THIS POSITION HAS BEEN FILLED. WE ARE NO LONGER ACCEPTING APPLICATIONS. Tanner De Witt is looking to recruit a motivated team leader to join our independent Hong Kong law firm as our Accounting Manager. Key requirements Bachelor’s degree or Higher Diploma in Accounting Minimum 15…Read More
Legal Update: The High Court confirms and restates the employer’s right to terminate under contractual provisions, and the limited effect on that right of the implied duty of trust and confidence in employment contracts
The Duty The implied duty of mutual trust and confidence (the “Duty”) was first recognised in the UK case of Malik v BCCI [1998] AC 20 and was later adopted by the Hong Kong Courts in Evelyn Semana Bachicha v Poon Shiu Man Henry (CACV…Read More
Legal update: Hong Kong High Court upholds a six-month non-compete clause
The Hong Kong High Court has recently upheld and enforced a six-month non-compete clause in BFAM Partners (Hong Kong) Limited v Gareth John Mills and Segantii Capital Management Limited [2021] HKCFI 2904, granting an injunction in favour of the applicant former employer, BFAM. Background BFAM, a company…Read More
Asialaw 2022 rankings announced
Tanner De Witt is delighted to announce Asialaw’s 2022 rankings of domestic law firms which can be found here. All practices and lawyers have maintained their rankings from the previous year. Our 2022 awards are as follows: OutstandingLabour and EmploymentRestructuring and Insolvency Highly RecommendedCorporate and M&ADispute ResolutionRegulatory…Read More
Legal update: Statutory holidays to be increased from 12 days to 17 days over the next 9 years
The Hong Kong Legislative Council has passed the Employment (Amendment) Bill 2021 with its third reading given on 7 July 2021. Starting from 1 January 2022, 5 days will be added to the list of statutory holidays progressively with one day added every 2 years. …Read More
Kim Boreham moves from partner to consultant
We are pleased to announce that from 1 June 2021 Kim Boreham has changed roles and become a consultant at our firm. We are delighted that Kim will remain an integral part of the firm and are pleased to continue to support Kim’s career. This…Read More
Benchmark Litigation 2021 rankings announced for Asia-Pacific
We are delighted to announce that we have once again been included in Benchmark Litigation’s 2021 Asia-Pacific rankings. It’s another milestone year for us as we are ranked in five categories this year, compared to four last year and two the year prior. Our awards…Read More
Legal update: Reimbursement of Statutory Maternity Leave Pay is now open for applications from employers
Statutory maternity leave was increased from 10 weeks to 14 weeks effective from 11 December 2020. The Labour Department has recently announced that employers can now apply for reimbursement of the statutory maternity leave pay paid to employees in respect of the 11th to 14th…Read More
