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Employment Law: 2024 Year in Review
23Jan2025From 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 following the developments closely and have published numerous articles to keep employers and employees abreast of the changes in the area.
As we look back at 2024, below are our employment law articles relating to key issues and developments from last year.
| Topics | Article No. |
| General Issues | 1, 5 |
| Court Cases | 2, 6, 8, 9, 10, 11 |
| Recent Developments | 3, 4, 7 |
- The Hong Kong Market Entry Playbook: Employment
This is the employment law section of our article series, The Hong Kong Market Entry Playbook, covering various legal topics for businesses looking to establish themselves in Hong Kong. Employment is one of the key areas for careful consideration by any employers in Hong Kong. This article sets out the important points to note regarding employment issues in Hong Kong from basic employment rights to contractual terms to protect employer’s interests.
- Legal Update: Importance of Contemporaneous Records in Defending Against Discrimination Claim
This is a review of the decision in Guting, Joan Sarmiento, Deceased v Choy Chiu Yee Rita [2024] HKDC 747 where the employer successfully defended against disability discrimination claim by relying on contemporaneous messages and recordings. This case is a reminder to the employers of the importance of keeping detailed paper trail of the decision and reasons for dismissal of an employee.
- AI in the workplace: Employment law risks from using AI
With the prevalence of generative AI technologies among the general public, various government bodies and regulators reacted by issuing guidance on the application of existing regulation in the use of AI. In this article, we reviewed and summarised the Code of Practice on Human Resource Management issued by the Office of the Privacy Commissioner of Personal Data in relation to the use and risks of using AI in the employment context.
- Legal Update – Beware of the Risk of Sex Discrimination in Job Advertisements
In September, a job advert posted on the window of a restaurant chain stating preference for female migrant workers from Guangdong Province sparked debate over sex discrimination and prompted an investigation by the Equal Opportunities Commission. We took the opportunity to revisit the sex discrimination laws and the potential pitfalls for employers in their job advertisements.
- Overview of Anti-Discrimination Laws in Hong Kong
In this article, we gave an overview of the discrimination laws in Hong Kong by setting out the fundamental elements of various forms of discrimination, discriminatory acts and available remedies. This article also collates the various articles on specific discrimination topics we published in previous years.
- Legal Update: The Court confirms that employer’s duty of trust and confidence does not apply to the right to terminate
An issue commonly litigated in employment cases concerns the implied duty of mutual trust and confidence. In this article, we analysed the decision of Yang Zhizhong v Nomura International (Hong Kong) Limited [2024] HKCFI 2192 where the Court confirmed that such implied duty is not applicable in a situation of termination of employment (as the duty is concerned with the maintenance of an employment relationship).
- Legal Update: Key Points on Employment Issues from 2024 Policy Address
The 2024 policy address by the Chief Executive of Hong Kong SAR referred to some upcoming changes to the local employment law. In this article we highlighted the key employment issues which employer should be aware of from the policy address.
- 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 awarded damages to an employer for breach of fiduciary duties by an employee. In our article, we analysed the legal principles and reasons giving rise to fiduciary duties of an employee and what may amount to breach of such duties.
- Risk of not handling discrimination complaints properly. Victimisation claim even where the discrimination case is dismissed.
In the English Employment Appeal Tribunal decision, Miss E Carozzi v University of Hertfordshire and Ms A Lucas [2024] EAT 169, the tribunal confirmed that victimisation claim can arise even where the underlying discrimination claims are dismissed. Accordingly, employers should be careful in taking any steps with respect to the proper handling of any discrimination complaints, whether such complaints have merit or otherwise.
- Legal Update: Court rejects Deliveroo rider’s claim as employees
In recent years, the question of whether delivery ‘riders’ for web-platform food delivery services are employees has been an issue of dispute in courts more regularly. In this article, we analyse one of the more recent cases, Gurung, Sanjayaman v Deliveroo Hong Kong Limited [2024] HKDC 1932, which considered afresh the status of these platform workers.
- Legal Update: Recent Discrimination Case Uplifts Potential Damages for “Injury to Feelings”
Damages awarded for “injury to feelings” in discrimination cases broadly followed the “Vento Scale” set out in a 2002 UK Supreme Court case. In the recent District Court decision of 陳詠琴 及 第一流行鋼琴教室有限公司 [2024] HKDC 2046, the Court adjusted the “Vento Scale” accounting for inflation. In this article, we have summarised the new adjusted scale of damages for “injury to feelings”.
Russell Bennett and Mark Chiu
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Disclaimer: This publication is general in nature and is not intended to constitute legal advice. You should seek professional advice before taking any action in relation to the matters dealt with in this publication.
