Labour & Employment

“Prejudice is a burden that confuses the past, threatens the future, and renders the present inaccessible.” – Maya Angelou INTRODUCTION Anti-discrimination laws have often been hailed as the…
August 2021
當事方 申索人乃被告人的僱員(“僱員”),在僱傭終止之時,申索人是一架飛機的機長。 被告人乃申索人的僱主(“僱主”),它是一間商務飛機管理公司。 案情 僱員於2015年7月12日開始受僱,沒有固定工作時間,須按需求來工作。僱員作為一名機長,須擔任飛行及地勤職務,包括監管飛機維修保養。 根據僱員的僱傭合約,無論何時當僱主認為有需要,僱員均須履行待命職責。在履行待命職責時,他需要等候接聽來電…
March 2021
Legal Considerations of Vaccinating Your Employees and Conducting Covid-19 Tests The Hong Kong government has announced that they intend to implement a territory-wide Covid-19 vaccination programme…
March 2021
In this case, the District Court considered issues surrounding a substantial claim for untaken annual leave and an employer’s duty to monitor and keep track of their employees’ annual leave…
April 2020
In the recent cases of 匯力(天津)股權投資基金管理有限公司 (“Huili”) & 北京海欣方舟房地產開發有限公司 (“Haixin”) v Sunfund Investment & Management Co Ltd (“SIM”) & Sunfund (Hong Kong) Company Limited (“SHK”) (HCMP 1700/…
April 2020
The Applicant in bail proceedings in the High Court (having been refused bail in the Magistracy) offered as a condition of bail to install up to three CCTV cameras at his home so as to monitor his…
April 2020
The tax treatment of payments made to employees by employers is dependent on the nature and character of the payments made. The primary legislation governing the taxation of employees’ income is the…
March 2020
The Court of First Instance overturned the decision made by the Labour Tribunal relating to how to interpret the terms of an employment contract and liability to make a payment in lieu of notice when…
February 2020
Conspiracy and knowledge of specific drug Hong Kong Customs and Excise officers carried out a controlled delivery operation of parcels arriving from overseas and arrested a man. The appellant was…
February 2020
The employment law outlook for 2020 indicates that there would likely be some significant changes to the employment-related legislation in Hong Kong on various areas, including anti-discrimination,…
January 2020
Employment law — termination of employment — wrongful termination —appeal against findings in favour of employer on “valid reason” implied term — allowed, with case remitted for consideration of such…
September 2019
Introduction In Wu Kit Man v Dragonway Group Holdings Limited HCLA 15/2016, the Court of First Instance (“CFI”) held that amendments to an existing employment contract were unenforceable due to lack…
August 2019
Employment law — employee’s benefits — statutory entitlements — statutory entitlements to be reduced by payment of “team based” commission and team leader bonus — commission and bonus constituted…
July 2019
Employment law - employees' compensation - requirement to attend medical examination under s.16(1A) - failure to attend "over a period of 15 days" without reasonable excuse under s.16(4) extinguished…
November 2018
Employment law — employees’ compensation — joinder of alleged principal contractor as co-respondent — application made outside s.14(1) limitation period — whether reasonable excuse for delay under s.…
June 2018
Employee misconduct and fraud can encompass a wide range of activities, from absenteeism at one end of the scale, to the other end of the scale, insider dealing, theft and financial statement fraud.…
May 2018
The Hong Kong Government is considering key changes to the existing anti-discrimination ordinances. The proposed changes have been brought forward following a consultation carried out by the Equal…
March 2018
In Wu Kit Man v Dragonway Group Holdings Limited, HCLA15/2016, the Court of First Instance (“Court”) held that an addendum amending an employee’s contract of employment by requiring the employer to…
October 2017
Under the Mandatory Provident Fund Schemes Ordinance (the “MPFSO”), any employer who, without reasonable excuse, fails to make a timely payment of mandatory contributions commits an offence and is…
September 2017
Employees’ benefits – civil servant – whether Government entitled to deduct from pension benefits of civil servant in settlement of debt upon discharge from bankruptcy In February 1999, B, a police…
July 2017