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Career AdviceLegal Case studies for employers

Legal Case studies for employers

Employers should obey with the employment law. Stay ahead of the latest labour law updates for business with the case study and legal advice for companies. ...
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#BreakTheBias: Employers’ duty to protect breastfeeding mothers at work

A breastfeeding survey conducted by the Department of Health has revealed that the percentage of women breastfeeding their newborn babies in 2018 was 87.5%, which has increased by over 30% since 2004. With the number of breastfeeding mothers increasing, it is important to ask the question – has your organisation done its part to #BreakTheBias and more specifically taken steps to prevent discrimination and harassment against breastfeeding women in the workplace? ...

The importance of a set of well-drafted post-termination restrictive covenants

Movement of talent is common in Hong Kong and often without notice. A set of bespoke, well-drafted post-termination restrictive covenants can protect an employer’s legitimate business interests and deter breaches by employees and competitors alike. However, what should a well-drafted restrictive covenant look like? Hong Kong Courts are often reluctant to uphold non-compete provisions. The position in Hong Kong, as in many common law jurisdictions, is that covenants in restraint of trade are unenforceable unless they can be shown to be reasonable between the parties and in the public interest. In such case, what can an employer do to protect its interests? ...

Employers’ rights to collecting employee health data amid COVID-19

Unfortunately, as we move towards the end of the pandemic’s second year, it is becoming increasingly apparent that there will not be an end anytime soon. Collection of employee health data is likely to continue being a common feature in today’s workplaces. While the Privacy Commissioner of Personal Data has openly stated that Hong Kong’s data privacy laws should not be seen to hamper measures taken to combat COVID-19, employers are still expected to comply with such laws even in times like these. Where employers collect employee health data, data privacy laws will generally impose continuing duties on such employers in relation to the collection and handling of such data. It is therefore important for employers to refresh themselves as to the relevant data privacy principles to ensure ongoing compliance throughout the pandemic. ...

LGBT cases show discrimination law is lacking, leaving companies to be proactive

The Basic Law and the Hong Kong Bill of Rights (which binds the government) in principle provide ....... ...

Amendments to Employment Ordinance have implications for employment agencies

Two years ago, the Employment Ordinance and the Employment Agency Regulations were the only statutes........ ...

Mediation can be vital for resolving workplace culture clashes

Differences in what is considered acceptable behaviour are one of the main reasons for workplace conflict...... ...

Typhoons and heavy rainstorms can pose headaches for Hong Kong HR departments

Hong Kong has had three T8 typhoons and one T10 so far this summer, and the Hong Kong Observatory ..... ...

The difficulties and limitations of conducting background criminal checks

Employers often seek to carry out criminal and other background checks on new employees as part of their pre-hire processes....... ...

The gig economy and its legal implications for HR

The topic of the changing nature of the workplace currently dominates many conversations and reams of press and magazine coverage...... ...

Bonus guidelines essential in event of misconduct

Despite much bad press since the global financial crisis, major institutions are still dishing out huge bonuses and incentives ....... ...