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Hong Kong HR Breakfast Club

  • 06 October 2022
  • 09:00 - 10:00am HKT
  • Online

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Implied term of anti-avoidance in an employment contract – What employers should know

In our latest session for HR professionals and in-house legal counsel, we will be considering how the Hong Kong courts have extended the implied duties in employment contracts owed by employers and employees, and in particular the implied “anti-avoidance term”.
In this virtual roundtable, we will be covering the following:

  • The implied terms in employment contracts owed by employers and employees including common law duties, such as the duty of mutual trust and confidence, the employee’s duty of fidelity and good faith, and the implied “anti-avoidance” term.
  • The circumstances in which a claim can be brought for breach of the implied term of mutual trust and confidence.
  • How an employee’s duty of fidelity and good faith can work alongside or instead of restrictive covenants relating to poaching employees, team moves, soliciting clients, etc.
  • What is an anti-avoidance term? We will provide a brief analysis of the landmark case Tadjudin v Bank of America, National Association (2016) and subsequent legal developments to understand how Hong Kong courts interpret anti-avoidance terms.
  • How anti-avoidance terms relate to employees’ entitlement to bonuses, pension schemes, LTIPs and other contractual rights.
  • Take away points for employers to avoid employees claiming that a termination breaches the anti-avoidance term and other implied terms.

There will also be a live Q&A session at the end.


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