Disability discrimination is a complex yet crucial area of law which all employers will come across at some point. A stigma exists in Asian cultures around disability which, coupled with a lack of awareness from mainstream corporate culture, means that disability is often seen as ‘the forgotten cause’ of DEI priorities.
This article outlines an employer’s statutory and legal grounds for dismissal in Hong Kong, as well as various statutory protections that are available to employees at risk of termination.
The path between accepting a new job and commencing the new role should be simple. And in most cases it is. But there are significant implications if either party (individual or employer) changes its mind and decides not to proceed with the employment at some point between acceptance of the offer and the legal commencement of the employment. A recent Court of Appeal decision sheds important light on this often overlooked area.
Kajal Aswani was interviewed by HK01 on her experiences as an ethnic minority lawyer in Hong Kong. Kajal shared obstacles she faced growing up and outlined how she has been supporting young South Asian lawyers through the network she co-founded, South Asian Lawyers Group (SALG).
Confirmed coronavirus infections are expected to exceed previous highs amidst Hong Kong’s fifth wave of the COVID-19 pandemic. The Government has responded by implementing the city’s toughest social-distancing restrictions to date with the roll-out of the ‘Vaccine Pass’, which takes effect from 24 February 2022 in an attempt to protect citizens and also drive up vaccination rates. As part of this initiative, the Government has also proposed significant amendments to the Employment Ordinance (Cap. 57) (“EO”) including a potential ‘right’ for employers to terminate staff who do not fulfil Vaccine Pass requirements.
Employee misconduct can take many different forms, be it financial, regulatory, harassment, discrimination, or breaches of company policies. Allegations and complaints regarding misconduct or the discovery of incidences of misconduct may come from a variety of sources and functions, ranging from routine compliance checks to external sources, whistleblowers or even regulatory dawn raids.
Under Hong Kong employment law, governed primarily by the Employment Ordinance (“EO”) (Cap. 57), both the employer and the employee, have the right to terminate an employment contract by giving the other party due notice or payment in lieu of notice and with or without cause, subject to certain restrictions which are discussed below.Although dismissing tends to be relatively easy in Hong Kong compared to other jurisdictions such as mainland China, the UK or the US, employers should ensure that they adhere to the relevant statutory requirements and any specific contractual provisions. They should also remain mindful of the implied obligation of mutual trust and confidence where possible, so as not to seriously damage the relationship between the parties. This guide outlines the legal considerations and proper procedures for employers to consider when terminating employees.
Matthew Durham and Kritika Sethia have written an article on employee wellness in the workplace for BritCham’s magazine where they explore the WHO’s definition of health and how Hong Kong lacks a comprehensive or holistic legal framework to address mental health issues in the workplace. They also provide practical steps and initiatives for employers to promote mental wellness.
The Hong Kong Government announced that effective from 27 October 2021, the discharge criteria for confirmed Covid-19 patients will be tightened. They have taken the position that patients who have recovered from the virus may still be carriers for approximately 14 days. Accordingly, to prevent the spread of the virus, after being discharged from hospital, patients will be subject to a further 14 day period of isolation and health monitoring in a government isolation facility (North Lantau Hospital Hong Kong Infection Control Centre).
On September 1st, 2021, Matthew Durham and Felda Yeung spoke on a panel alongside Davin Teo, Managing Director of Alvarez & Marsal’s Disputes & Investigations Practice in Hong Kong, about employee misconduct and internal investigations at the workplace. Employee misconduct can take many forms, but whether this involves fraud, corruption, data/IP theft or harassment, planning and implementing the investigation with the help of experts is crucial.
