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No place for pregnancy discrimination at the workplace in Hong Kong
04 September 2023The Claimant was a former employee of the Respondent, a logistics company. Between 2007 – 2011, the Claimant was employed by affiliated companies within the same group. From April 2011, the Claimant began working for the Respondent under successive yearly contracts. Whilst employed by the Respondent, the Claimant received various recognition and appraisals for her work. She was also awarded an annual end-of-year bonus for each year during the period from 2011 to 2016.
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Data breaches in Hong Kong: To notify or not?
31 August 2023In July 2023, the Office of the Privacy Commissioner for Personal Data issued a revised guidance note on Data Breach Handling and Data Breach Notifications. The guidance note sets out practical recommendations on how data users can effectively prepare for and manage data breaches.
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Tipping the Scales: How the Latest Labour Tribunal Ruling Impacts Gig Workers
13 July 2023The burgeoning gig economy has long presented a conundrum in employment law, with its unique model of work raising significant questions about employment status, workers’ right and entitlements.
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Court orders summary judgment against employer for failure to reimburse expenses incurred for the benefit of the business
28 June 2023On 6 April 2023, the Court of First Instance granted summary judgment to a former employee of a Hong Kong company for various payments and benefits owed to the employee.
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Think twice before filing an employment related claim directly to the High Court
27 June 2023Lewis Silkin’s litigation team acting for the Defendant was successful in striking out a claim brought before the High Court and also successfully resisted an appeal against the Master’s decision to strike-out the Plaintiff’s claim.
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Enforceability of an indemnification provision under a broker agreement: is it a penalty?
02 June 2023A recent case in the Hong Kong Court of First Instance has seen the court applying the Court of Appeal’s penalty clause test to an indemnification provision under a broker agreement.
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Hong Kong MPF updates: Abolition of the offsetting mechanism to take effect on 1 May 2025 and potential increase in mandatory contribution levels
03 May 2023Over the past weeks, there have been some important news on the pension regime in Hong Kong that employers and employees should be mindful of.
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Horizon Scanner – Intellectual Property
28 April 2023At Lewis Silkin we are constantly monitoring the legal landscape and liaising with policymakers and regulators. This enables us to stay informed about how law and regulation will change in key areas for our clients.
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Hong Kong Government lifts compulsory quarantine requirement what employers need to know
26 September 2022New relaxed rules for inbound travellers
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Enforceability of a compensation clause in Hong Kong: is it a penalty?
20 July 2022A recent case in the Hong Kong Court of First Instance has seen the court apply the Court of Appeal’s penalty clause test to a compensation clause in an employment contract.
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Abolishment of the MPF offsetting mechanism approved by Hong Kong's Legislative Council (the “LegCo”)
09 June 2022After years of extensive discussions and consultations, the Hong Kong LegCo has, on 9 June 2022, passed the Employment and Retirement Schemes Legislation (Offsetting Arrangement) (Amendment) Bill 2022 (the “Bill”) to abolish the MPF offsetting mechanism.
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Catherine Leung and Lewis Silkin recognised in the Doyles Guides Awards 2022
24 May 2022We are delighted to announce that Catherine Leung has been recognised as a Leading Lawyer and Lewis Silkin has been awarded a Second Tier ranking in Employment & Labour in the Doyles Guides awards 2022.
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High Court in Hong Kong gives permission for witnesses to give video evidence
10 April 2022The High Court in Hong Kong has granted an application allowing witnesses based abroad to give evidence by video conferencing, even though the flight ban has been lifted.
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Unfair dismissal tribunal in UK awards
23 March 2022In unfair dismissal claims, whilst orders for re-employment are rare, they can be very lucrative for claimants. In particular those who are high earners stand to benefit considerably as the maximum compensatory award for unfair dismissal (currently £89,493) does not apply which can lead to very large pay-outs as in the case of Jones v JP Morgan Securities plc.
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What Hong Kong employers need to know about the Employment Amendment Bill 2022
21 March 2022The government recently published the Employment (Amendment) Bill 2022 to amend the Employment Ordinance (“Amendment”). The Amendment will come into force on a date to be determined after it is enacted by the Legislative Council and it is expected that this will take place soon. The Amendment is a timely response to the outbreak of the fifth wave of COVID-19 in Hong Kong and this article summarises what employers need to know.
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Hong Kong government tables bill to abolish Mandatory Provident Fund
07 March 2022There is finally visibility on how the government proposes to sunset the controversial Mandatory Provident Fund (“MPF”) offsetting mechanism as the long-awaited Employment and Retirement Schemes Legislation (Offsetting Arrangement) (Amendment) Bill (“Bill”) was tabled to the Legislative Council on 23 February 2022. The government hopes that the law will be finalised within the current government office term and expects the mechanism to be abolished by 2025. This article provides a summary of the key changes and some key takeaways for employers.
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Hong Kong employers to brace for change
10 February 2022In this article, we will cover the government’s proposed amendments to the Employment Ordinance (“EO”) as part of its continuing efforts to fight the endemic, and the latest development on abolishing the Mandatory Provident Fund (“MPF”) offsetting mechanism.
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Hong Kong court upholds summary dismissal in light of employees secret business
17 December 2021In the case of Cosme De Net Co Ltd v Lam Kin Ming [2021] HKDC 445, the Court of First Instance upheld an employer’s decision to summarily dismiss an employee who ran a competing business in secret.
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Hong Kong court finds that pilot’s “standby” time did not constitute as rest days for the purposes of the Employment Ordinance
17 December 2021In the case of Breton Jean v. 香港麗翔公務航空有限公司 (Hk Bellawings Jet Limited) [2021] HKDC 46, the Court found that the employer had failed to provide rest days to the employee as they had been expected to have a degree of flexibility during their standby period.
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Hong Kong court confirms that a party cannot enforce a contract with a unilateral mistake which he/she knew or should have known did not reflect the other party’s intentions
17 December 2021Zhang Qiang v Cisco Systems (HK) Ltd [2021] HKCFI 694 is a case that reminds employers of the importance of putting the right figure in a settlement agreement – especially when dealing with an uncooperative employee. In this case, although ending in the employer’s victory, a typo in the settlement agreement had led to a decade-long lawsuit.