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Russell Bennett
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
SFC and HKEX collaborated in enforcement actions against a listed company and its former directors for misconduct involving over HK$660 million of losses, seeking disqualification and compensation orders
Background On 16 January 2025, the Securities and Futures Commission (“SFC”) and The Stock Exchange of Hong Kong Limited (“HKEX”) collaborated in enforcement actions against Mainboard-listed FingerTango Inc. (“FingerTango”) and eight (8) of its former directors (“Former Directors”) for misconduct and breach of their duties…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: Recent Discrimination Case Uplifts Potential Damages for “Injury to Feelings”
In Hong Kong, statutory damages for “injury to feelings” can be awarded to victims of unlawful discrimination pursuant to specific provisions of the relevant discrimination Ordinances. The amount of damages for injury to feelings broadly follows the so called “Vento scale” established in the United…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 – MMT sanctions against China Forestry Holdings Company Limited CEO for market misconduct – order to disgorge HKD353,430,000
On 28 November 2024, the Securities and Futures Commission (“SFC”) announced that the Market Misconduct Tribunal (“MMT”) ordered: 1) Mr. Li Han Chun, the former chief executive officer of China Forestry Holdings Company Limited (“China Forestry”), formerly listed on the Main Board of the Stock…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
